DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 1 00

		TJR
										Docket No: 11116-06 
										31 October 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 30 October 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 7 February 2006 at age 21 and served without disciplinary incident.

While in recruit training you repeatedly failed the physical fitness assessment (PFA) standards required for retention. As a result, you were recommended for an administrative separation. This recommendation stated, in part, that you had failed your initial PFA and were advised of the need to pass all future PFAs in order to meet standards. However, on 24 April 2006, you failed your final PFA after five attempts.

Subsequently, you were notified of pending administrative separation action by reason of performance and conduct due to PFA failure. At that time you waived your right to consult with legal counsel and to submit a statement in rebuttal to the discharge action. On 26 May 2006 the discharge authority directed an uncharacterjzed entry level separation by reason of performance and conduct, and on 1 June 2006 you were so separated from the Navy and were assigned an RE-4 reenlistment code.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to reenlist and the opportunity to rehabilitate and overcome the obstacle of passing PFA standards. Nevertheless, the Board concluded these factors were not sufficient to warrant a change in the reenlistment code because of your repeated PFA failures. Finally, an RE-4 reenlistment code is required when a Sailor is separated by reason of entry level performance and conduct. 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