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

SMW
Docket No: 7250-07
10 April 2008

This is in reference to your application of or 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 9 April 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 25 April 2001, you enlisted in the Navy at age 20. On 17 October 2002 and 6 May 2003, you were counseled regarding your failure to meet body composition and physical readiness test standards. On 15 June 2005, you received a performance evaluation in which you received a 2.0 rating in military bearing and character. The evaluation also indicated that you had significant problems and were not recommended for retention. On 14 October 2005, you received another performance evaluation in which you received a 2.0 rating in military bearing and character. The evaluation also stated that you had failed five physical fitness assessments during your enlistment. The evaluation indicated that you had significant problems and were not recommended for retention. Apparently you requested and were authorized an early release from your active duty contractual obligation to attend school. On 24 January 2006, you were honorably released from active duty to attend school and assigned an RE-4 reenlistment code.

Regulations authorize assignment of an RE-4 reenlistment code to members who are honorably released from active duty to attend school. Regulations also direct assignment of an RE-4 reenlistment code to members who are not recommended for retention, fail to meet retention standards, or are serving in pay grade E—5 or above and have received a mark of 2.0 or below in any trait within a year prior to their expiration of active service. 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