DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

FC
Docket No: 01905-03
25 August 2003

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2003. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies.

The Board found that you enlisted in the Navy on 5 September 2002 at age 19. On 11 December 2002, you were counseled because of your failure to complete the third class swimming qualification. On that same day, you were also counseled because of your failure to complete the pass the run portion of the physical readiness test (PRT). On 8 January 2003, you were again counseled about your inability to pass the PRT.

On 22 January 2003, you were recommended for an entry-level separation because of failure to adapt. In the recruit evaluation report, it indicated that you had failed the PRT 17 times, lacked basic military knowledge, continually failed to follow orders, and had become an administrative burden.

On 29 January 2003 you were advised of administrative separation processing and waived all of your procedural rights. Although not specifically reflected in the record, you apparently waived your procedural rights. On 30 January 2003, the commanding officer approved your separation and, on 4 February 2003 you were discharged with an entry-level separation by reason of entry-level performance and conduct. At that time, you were assigned a reenlistment code of RE-4.

Applicable regulations require the assignment of an RE-4 reenlistment code when an individual is discharged due to entry-level performance and conduct. Given your failure to follow orders, and inability to pass the physical readiness test, the Board concluded that the RE-4 reenlistment code was properly and appropriately assigned. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

							W. DEAN PFEIFFER
							Executive