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

SMW
Docket No: 8900-06
26 February 2007

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 23 February 2007. 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.

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 3 August 2005 at age 18. On 16 August 2005 you failed the initial physical fitness assessment (PFA). At that time, you were counseled regarding your PFA failure and warned that subsequent PFA failures would result in an entry-level separation. On 21 September 2005 you failed the final PFA after two attempts. On 23 September 2005 you acknowledged that you were not eligible to reenlist.

On 28 September 2005 your commanding officer (CO) recommended an entry-level separation by reason of entry-level performance and conduct. In connection with this processing, you declined to consult with qualified counsel or submit a written statement to the separation authority. On 10 October 2005 the separation authority approved your CO’s recommendation and directed an entry-level separation by reason of entry-level performance and conduct. On 11 October 2005 you were so discharged and assigned an RE-4 reenlistment code, which means that you are neither eligible nor recommended for reenlistment.

I
Regulations require the assignment of an RE-4 reenlistment code when an individual is discharged with an entry-level separation by reason of entry-level performance and conduct. Since you have been treated no differently than others in your situation, the Board could not find an error or injustice in the assignment of the RE-4 reenlistment code.

Accordingly, your application 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 Director

2