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

SMW
Docket No: 6921-07
27 March 2008

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 26 March 2008. 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.

On 10 August 2005, you enlisted in the Navy at age 17. On 27 September 2005, you failed the run portion of the physical fitness assessment (PFA). On 28 September 2005, you were counseled regarding your PFA failure and warned that failure to pass the PFA could result in being set back in recruit training or an entry level separation. During the period
29 September to 18 October 2005, you failed the PFA on five more occasions. On 19 October 2005, you acknowledged that you were not eligible for reenlistment in the Navy without prior approval by the Navy Personnel Command, and that reenlistment in other branches of the armed forces would require a waiver. On 21 October 2005, your commanding officer initiated an entry level separation by reason of entry level performance and conduct. In connection with this processing, you acknowledged the separation action. On 25 October 2005, the separation authority approved the separation recommendation and directed an entry level separation by reason of entry level performance and conduct. On 28 October 2005, you were so discharged and assigned an
RE-4 reenlistment code.

Regulations direct the assignment of an RE-4 reenlistment code when a member is separated 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