DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No:
30 August 2001
6535-00
Dear Petty
Offic
This is in reference to your letter dated 12 June 2000 with enclosures, seeking
reconsideration of your previous application for correction of your naval record pursuant to
the provisions of title 10 of the United States Code, section 1552.
You requested removal of the performance evaluation report for 3 September 1996 to
15 March 1997, and you impliedly requested retroactive advancement to electronics
technician first class
previous case, docket number 5948-98, was denied on 9 March 2000. Your case was
reopened in light of the new evidence provided with your letter of 12 June 2000, as well as
the undated letter on your behalf from your commanding officer, with enclosures.
(ETl), pay grade E-6, from the March 1997 examination cycle. Your
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, began reconsideration of your case on 26 July 2001, and concluded deliberations on
29 August 2001. 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 letter of 12 June 2000 with
enclosures, your commanding officer’s undated letter with enclosures, the Board’s file on
your prior case, your naval record and applicable statutes, regulations and policies. In
addition, the Board considered the advisory opinion furnished by the Navy Personnel
Command, dated 8 December 2000, and the reporting senior’s letter of 11 June 2001, copies
of which are attached. They also considered your undated reply, with enclosures, to the
reporting senior’s letter.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish probable material error or injustice.
Notwithstanding the favorable advisory opinion, they found the letter from the reporting
senior to be persuasive. They noted that your exemption from compliance with Navy
physical readiness standards expired on 28 October 1996, before the body fat measurement
of 2 December 1996 shown on page two of your Physical Readiness Test folder, cited by the
reporting senior.
and votes of the members of the panel will be furnished upon request.
In view of the above, the Board again voted to deny relief. The names
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
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
an official naval record, the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosures
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
Y
1610
PERS-3 11
8 December 2000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
Subj: E
Ref (a) BUPERSINST 1610.10 EVAL Manual
(b) Our memo 1610 NPC-3 11 of 29 April 1999
Encl: (1) BCNR File
1. Enclosure (1) is returned. As you requested, we have reviewed Petty
petiti
OfflC
1996 to 15 March 1997.
OfIi
W e now recommend a
red our decision in reference (b).
uest to remove the performance evaluation for the period
3 September
2. Based on the new material provided with the member
’s petition, we believe the performance
eriod 3 September 1996 to 15 March 1997 should be removed from Petty
ord.
3. The member proves the report to be unjust or in error.
4. W e recommend relief based on
Evaluation Branch
3JV
6535 00
11 June2001
tion
Jonathan
Ruskin
Head, Performance Sec
Board for Correction of Naval Records
2 Navy Annex
Washington DC 20370-5 100
Dear Sir:
Subj
rformance eva
luation for
3Sep96 to
15Mar97
wing is submitte
to inquiries the follo
Command however, measurement
wing the birth of her
was referred to the
luated her on 2
December 96. Comments
1. In response
reporting to the
month period follo
instead she
and he eva
He stated that she
was Out Of Standards and she
unable to make any progress and
was then placed in the
Medical Clinic at Portsmouth. Physicians
Assist
was subsequen
tly placed on
the CDPC program.
Weight Control Program at ARC Norfolk.
s not within standards
was beyond
when
the mandatory 6
3ti child. This measurement was not recorded
in her folder but
horn his evaluation are on
r.
She was
Timeline:
3 April 95
Failed
1’ PRT
for exceed
ing body fa
t (Medical
Sep 95
28 April 96
15 May 96
2 Sep 96
10 Sep 96
2Dec96
Member was pregnan
t during this P
RT cycle
Third child was born
Exempt from PRT
(within 6 months of child
’s birth)
Reported to SIMA Portsmouth
Exempt from PRT
(within 6 months of child
’s birth)
Eva1 assessed her as
‘over fat’)
Eva1 assessed her as
’ in the
‘out of standards
t measurement (Medical
lock of the P
Failed body fa
obese b
RT folder)
Directed to enroll in the
Measurement was taken
Command Directed Physical
m
lo-
Conditioning Progra
12 weeks pr
ior to anticipated P
RT
Jan/Feb
97
No progress be
ing made in CDPC Program. Failed Body
fat limits.
lOMar
11 Mar 97
15 Mar 97
Placed in obesity rehabilitation progra
m at NAVSTA Norfolk
Participated in advance
ment exam
M/NS and marked with 1 .O in block 36. This
was in compliance with
t demonstrated significant progress
Evaluation with
Para 11 .d. (2) of
Enclosure 6 of
OPNAVINST 6
“During the reporting period,
members who have no
in CDPC shall receive a maximum grade of 1
significant problems in block 45”
.O in Military bearing and marked
1 10.
1E
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