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NAVY | BCNR | CY2005 | 09689-05
Original file (09689-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 HD:hd
Docket No. 09689-05
25 April 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    ETC (SW/AW) REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. ~552

End:     (1) DD Form 149 did 31 Oct 05 w/ attachments
(2)      PERS-676 memo d t d 10 Feb 06
 (3)      PERS—311 memo dtd 1 Apr 06
(4)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be by modifying block 20 (“Physical Readiness”) of the fitness report for 16 September to 18 November 2002 (copy at Tab A) to show an entry of “P [passed physical readiness test] INS [not within weight/body fat standards]” to “P/WS [within weight/body fat standards] •1

 2.       The Board, consisting of Ms. Ballinger and Messrs. Cooper and Schultz, reviewed Petitioner’s allegations of error and injustice on 20 April 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

 a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       In correspondence attached as enclosures (2) and (3), the Navy Personnel Command offices having cognizance over the
 subject matter addressed in Petitioner’s application have commented to the effect that his request has merit and warrants favorable action.





CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an error warranting the following corrective action.

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected by modifying as follows the fitness report for 16 September to 18 November 2002, dated 18 November 2002 and signed by Captain D. C. MacCrea, USN:
Block 20:        Change entry from “PINS” to “P/WS.”
b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.
c.       That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.
4.       It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.
 ROBERT D. ZSALMAN        JONATHAN S. RUSKIN
Recorder         Acting Recorder
2
5.       Pursuant to the delegation of authority set out in Section
 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.



 W. DEAN PFEIFFER
 Executive Director

3
5420
PERS-676
 10 Feb 06
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-3LC2)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS IC
 Ref:     (a)      OPNAVINST 6110.1 Series
         (b)      BRIMS Report (submitted by ETC xxx )
         (c)      BRIMS Report (NBC Official Copy)

 End:     (1) BCNR Case File 09689-05
1.       Comments and recommendations are forwarded in response to enclosure (1)

 2. ETC xxxx requests correction to his evaluation report period covering 02SEP16 - 02NOV18. Block 20 indicates P/NS “Passed/Not Within Standards”. ETC xxx states that Block 20 was an erroneous entry and should read P/WS “Passed/Within Standards”. Reference (b) displays there are no failures for Body Composition Assessment (BOA) , while reference (c) reflects the same information.

 3.       As per reference (a), only Navy Personnel Command (NBC) BRIMS data base records are used to document results of the official semi-annual physical fitness assessment (PEA) . There are no records of a failure during the evaluation period.

4.       Recommendation . Based on reference (a) and the BRIMS database recommend the member’s evaluation should be revised to P/WS “Passed/Within Standards” in Block 20. No further action should be taken by PERS-676.

5.       This is an advisory memorandum for the use of the Board for Correction of Naval Records only. Point of contact for further information is




















DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1610
PERS-311
1 April 2006


MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 Via:     PERS/BCNR Coordinator (PERS-31C)
Subj:
Ref:     (a) BUPERSINST 1610.1OA (EVALMAN)
End:     (I) BCNR File 09689-05 w/Service record
1.       Enclosure (1) is returned. The member requests the revision of his performance evaluation report for the period 16 September 2002 to 18 November 2002.
2.       Based on our review of the material provided, we find the following:
a.       The report in question is a Not Observed/Detachment of Individual/Regular report ending 18 November 2002. The member alleges an administrative error occurred and requests the report be corrected and changed from ‘PINS’ to reflect a ‘P/WS’ in block 20, Physical Readiness.
b.       The report is a valid report.
c.       In view of the comments in enclosure (1), specifically the Fitness Report Letter-Supplement dated 28 June 2005 from the member’s reporting senior, which was not received by PERS-3 11 and is not apart of the member’s permanent record, we recommend the performance evaluation for the period ending 18 November 2002 is amended by removing the ‘PINS’ and adding
 ‘PIWS’.
d.       The member does prove block 20 of the report to be in error.
3.       We recommend the members record remain unchanged except as indicated above.





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