DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON. D.C. 20370-5100
SMC
Docket No:
25 March 1999
0750297
Dear Petty Officer
This is in reference to your application for correction of
provisions of title 10 of the United States Code, section 1552.
your naval record pursuant to the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 25 March 1999. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinions furnished by the Bureau of Naval Personnel dated
23 January and 25 February 1998, copies of which are attached.
Documentary material considered by the Board
After careful and conscientious consideration of the entire record, the Board found that the
or
evidence submitted was insufficient to establish the existence of probable material error
injustice. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion dated 25 February 1998. In view of the above, 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
Enclosures
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
WASHINGTON. D.C. 20370-5000
W{fpoLy REFER TO
Pers-32
23 JAN 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD
NAVAL RECORDS
FOR CORRECTION OF
Via:
BUPERS/BCNR Coordinator (Pers-OOXCB)
Subj: PN
,
USN,
Ref: (a)
BUPERSINST 1610.10, EVAL Manual
Encl:
(1)
BCNR File
Enclosure (1) is returned.
1.
performance evaluation report for the period of 1 April 1995 to
15 March 1996 or removal of the report.
The member requests change of her
Based on our review of the material provided, we find the
2.
following:
a.
A review of the member's headquarters record revealed
The report is signed by
the report in question to be on file.
the member indicating she did not desire to submit a statement of
rebuttal.
S-8, the member may still submit a statement if desired.
In accordance with reference (a), Annex S, paragraph
b .
Review of the report marks,
comments and recommendations
revealed the entries in blocks 20, 36 45 and 47 to be related and
based on the member's physical readiness status.
determine the appropriate entry for block 20 or the accuracy of
the entry in block 20.
We cannot
In view of the above,
3.
to the Head, Health and Physical Fitness Branch (Pers-601) for
comment on the accuracy of the block 20 entry and the member's
physical readiness status.
we recommend enclosure (1) be forwarded
._
Evaluation
Division
y Personnel
& Correspondence
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
WASHINGTON. D.C. 20370-5000
IN REPLY REFER TO
6100
Ser
25 Feb 9 8
60/0195
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (Pers-OOXCB)
RECOMMENDATIONS ICO
USN,
(a) BCNR File 07502-97 w/microfiche service record
(b) CNO WASHINGTON DC 2519272 Aug 94 (NAVADMIN
(c) CNO WASHINGTON DC 2919362 Apr
93 (NAVADMIN
148/94)
071/93)
Reference (a) has been carefully reviewed.
1.
member's record is not justified.
provided:
The following information is
Correction of the
a. PN
requests change to blocks 20, 36, 45, and 47
(PRT)/body fat standards.
These blocks deal with the member's physical readiness
of her Enlisted Performance Evaluation for the period ending
96MAR15.
test
categories are adverse,
retention.
that she exceeded body fat standards at the time of the
evaluation and failed her PRT due to non-participation.
Block 20 (Physical Readiness) reads
The grades she received for these
making her ineligible for advancement and
"F/NS" indicating
laims she had a medical waiver from body fat measurements
due to medication she was taking which caused weight gain.
PN2
PN2,
Upon review of documents from her medical record
orabou
was placed on
t that time,
(obtiined from
dysthymia on
weighed 150 pounds.
this height is 134 pounds (reference
to the medical department
of her dysthymia.
physician reduced her medication dose.
medication was discontinued,
improved. Compulsive overeating."
returned to the medical department to receive a waiver from
official body fat measurements.
given for current PRT cycle" (April 1995).
As a 62 inch female, the
on 9 February 1995
40-pound.weight gain wa
On 10 March 19
and her physician wrote
II
P
On 18 March 1995,
maximu
(b)).
A
The physician wrote "Waiver
The evaluation in question was for the period ending
96MAEi5 which would require results from t
A Page 13 dated 3 October 1995 stated that
measured at 43 percent body fat on 18
exceeds the Navy's maximum body fat standards (30 percent for
females) by 13 percent.
September 1995.
This
Subj:
RECOMMENDATIONS ICO PN2
USN,
claims she should not be held accountable for
ody fat standards as she was not able to get a medical
PN2
exe
appointment prior to Fall PRT cycle due to oversight by her
command.
another medical waiver from body fat measurements,
participation.
The specific medical appointment was sought to obtain
not from PRT
e.
Medical waivers from body fat measurements are normally
only granted for pregnancy (reference
conditions other than pregnancy are rare and may be granted
locally by the Medical Officer at the discretion of the
Commanding Officer.
medical conditions which directly increase body fat, weight, or
circumference measurements.
Medical waivers for body fat are limited to
Medical_ waivers for
(c)).
f.
Doxepin is an antidepressant which may cause weight gain.
and overeating and low energy
A 40-pound weight
A one-time waiver for the
Dysthymia is a depressive disorder,
level are common during a depressed state.
gain during a 3-month period appears excessive and is most likely
not solely due to the medication.
Spring 1995 PRT cycle appeared appropriate in this case; however,
a second medical waiver for the Fall PRT cycle does not appear
warranted.
March 1995, nearly 7 months prior to the Fall PRT.
PN2
ucompulsive
is due to dietary indiscretion rather than the effects of
Failure to obtain a medical appointment for body fat
medication.
screening would not have changed the outcome, as a medical waiver
from body fat measurements was not appropriate for the Fall 1995
PRT cycle.
overeatingN which indicates her overweight condition
The medication in question was discontinued in
was assessed by the same physician as having
Additionally,
Per reference (c), members are given
lo-12 weeks
g.
(
Members are required to
lo-12 weeks prior to the PRT
notification of the semi-annual PRT.
complete the risk factor screening
to allow them time to see the appropriate medical specialist.
Her OPNAV
6110/2
Results) indicates
which required tha
Medical Department Representative.
medical treatment facilities (MTF) are available in the
Washington, DC area.
closest to Anacostia; however,
available to other
Screening/Physical Readiness Test
"yes" to two questions
answered
ically cleared by any Authorized
It is true that Bolling Air Force Base is
shuttle services are readily
Furthermore, a number of
MTFs.
h .
PN2
Bearing/Cha
laims a grade of 1.0 in block 36 (Military
excessively punitive and that she should
2
Subj
:
RECOMMENDATIONS ICO
SN,
have received a 2.0 (Progressing) at the very least.
military bearing/character is often subjective and usually left
up to the reporting senior.
military bearing with respect to physical readiness state that a
member should be denied recommendation for promotion/advancement
failures and remain out of standards
if they have 2 consecutive
At the time of the
at the time of evaluation
(c)
(
s grossly out of standards
PN2
evaluation in question,
.O (Below Standards) appears
at 43 percent body fat. A
justified in the military bearing category.
General guidelines for grading
1
-
Grading for
i.
Specific questions regarding promotion/advancement
recommendation for members who receive a 1.0 (Below Standards) in
Performance Traits (blocks 33-39) should be addressed to the
Performance Evaluation Section (Pers-312C).
2 .
My point of contact is
,
at
Director, Navy Drug and Alcohol,
Fitness, Education and
Partnerships Division (Pers-60)
3
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