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NAVY | BCNR | CY2006 | 04978-06
Original file (04978-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                                                                   JRE
 Docket No. 04978-06
10 October 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1)      DD Form 149
 (2)      OPNAV memo 5420 OPNAV N151C, 9 Aug 06
 (3)      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 corrected to show she was granted a medical waiver of the Fall 2005 physical readiness test (PRT).
         2. The Board, consisting of Ms.  and Messrs. and reviewed Petitioner’s allegations of error and injustice on 28 September 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 ad.ministrative remedies available under existing law and regulations within the Department of the Navy.
b.       Petitioner passed the PRTs conducted during Spring 2003, Fall 2003 and Spring 2004 PRT cycles, with scores of “satisfactory high”. She was medically waived from the Fall 2004 PRT cycle. She was diagnosed with hyperthyroidism during April 2005, and was medically waived from the body fat assessment portion of the PRT for Fall 2005. Her private physician recommended that she be excused from the entire PRT from October 2005 to May 2006.
         c.       In a letter dated 11 May 2006, Petitioner’s commanding officer recommended that the Commander, Navy Personnel Command, correct Petitioner’s record in the Physical Readiness Information Management System record to show that she was waived form all events on the Fall 2005 PRT. The reason for the requested correction was listed at “Erroneous data entry”.
d.       In correspondence attached as enclosure (2), the Board was advised by an official assigned to the office of the Chief of Naval Operations, in effect, that Petitioner was not granted a PRT waiver for Fall 2005, and that “...there are no supporting documents to honor member’s request to have her Fall 2005 PRT medically waived”.
CONCLUSION:

Upon review and consideration of all the evidence of record, and notwithstanding the comments contained in enclosure (2), the Board concludes that Petitioner should have been granted a complete medical waiver from participation in the Fall 2005 PRT cyle. In this regard, the Board notes that Petitioner achieved scores of “satisfactory high” on the three PRTs in which she participated prior to developing hyperthyroidism; her private physician, whom she consulted as a member of the Navy Reserve not on active duty, recommended that she be granted a PRT waiver for the cycle in question; and that her commanding officer notified the Commander, Navy Personnel Command, the that entry in Petitioners PRIMS record indicating that she failed the Fall PRT was entered in error. Accordingly, the Board finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

 a.       That all Department of the Navy records pertaining to Petitioner be corrected to show that she was medically waived from participation in all elements of the physical readiness test for the Fall 2005 cycle.
b.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Subject’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 Subject’ 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 Subject’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        JAMES R. EXNICIOS
Recorder         Acting Recorder

 5. The foregoing report of the Board is submitted for your review and action.
                                                                         W. DEAN PFEIFFER




Reviewed and Approved: ROBERT T CALI
 Assistant General Counsel
(Manpower and Reserve Affairs)

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