DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON, D.C. 20370-5100
BJG
Docket No: 6742-96
21 April 1999
D
This is in
provisions of title 10, United States Code, section 1552.
rCference to your application for correction of your naval record pursuant to the
.
You requested removal of all references to
enlisted performance evaluation of July 1995, and change of your reenlistment
recommendation to show that you were recommended.
your headquarters microfiche record, so your request
Your July 1995 evaluation is not in
for its removal was not considered.
“weight control program failure, ” removal of your
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 April 1999. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material consider@ by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinions furnished by the Navy Personnel Command dated 12 November 1998 and
26 January 1999, copies of which are attached. They also considered
letter dated 16 March 1999 with enclosure.
In addition, the Board considered the advisory
your counsel ’s rebuttal
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. The Board substantially concurred with the comments contained in the advisory
opinion dated 26 January 1999 in finding that the references to your weight control program
failures should stand. They were unable to find that you were not granted an opportunity to
seek a medical waiver of Navy physical readiness standards. Further, they were unable to
find that you were human immunodeficiency virus (HIV) positive before you were discharged
from the Naval Reserve. Since they found no defect in your record, they had no basis to
change your reenlistment recommendation.
denied. The names and votes of the members of the
panel will be furnished upon request.
In view of the above, your application has been
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
Enclosures
COPY to:
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNE
5720 INTEGRITY DRIV
MILLINGTON TN 38055000
L
E
0
IN REPLY REFER TO
161 0
NPC-31 1
12 NOV 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
NPC/BCNR Coordinator (NPC-OOXCB)
.
Subj:
EX-SK2
, USN
Encl:
(1)
BCNR File
Enclosure (1) is returned.
1.
her performance report for the period of July
The member requests removal of
1995.
Based on our review of the material provided, we find the
2.
following:
a.
A review of the member's headquarters record does not
The member does not provide a
reveal the report in question.
copy of the report with her petition.
In view of the above,
3.
validity of the report at
we cannot render an opinion on the
this time.
Head, Performance
Evaluation Branch
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
I720
INTEDRITY DRIVE
MILLINDTON TN
2805
S-0000
6110
Ser
26 Jan 99
6Ol/0023
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (NPC-OOZCB)
Subj:
Ref:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO PETTY OFFICER
USN,
(a) NPC memo 5420
(b) OPNAVINST
6110.1D
Pers-OOZCB/NPC-OOZCB of 10
Dee 98
1.
The following is provided in response to reference (a):
a.
Reference (b) was the governing Health and Physical
IAW reference
Readiness Instruction during
(b), Navy required that all personnel meet body composition and
physical readiness test standards.
SNM's enlistment.
b.
Reference (b) provided provisions for medical waivers,
on portions of the PRT,
for valid medical reasons.
There is no evidence of a medical waiver.
2.
recommended.
No changes are
oint of contact is HMCS
at
bl. S. Navy
Captain,
Director, Navy Drug and Alcohol,
Fitness, Education, and
Partnerships Division (NPC-60)
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