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NAVY | BCNR | CY2006 | 06182-06
Original file (06182-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
WASHINGTON DC 20370-5100



 HD:hd
 Docket No.06182-06
 8 November 2007


This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 2007. 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 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 opinion furnished by the Office of the Chief of Naval Operations dated 24 July 2007, a copy of which is attached.
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. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, 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
 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


Enclosure
5420
 OPNAVNI35
          24 Jul 07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2)
        

Subj: REQUEST FOR AND COMMENDATIOS I N TH E CASE OF

Ref:     (a) BCNR Case File 06182-06
 (b) OPNAVINST 61 1O.IH
(c) OPNAVJNST61IO.IG
End:     (1) PRIMS Record (NAVPERSCOM Official data)
1.       Service member petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and f or remove injustices in her Physical Readiness Information Management System (PRIMS) record.
2.       Service member requested that her spring 2003 through spring 2005 Body Composition Assessment (BCA) records be changed from failures to medical waivers. Reference (b) and (c) states in enclosure (3), paragraph 3. f. 2., “Medical waiver recommendations from participation in BCA shall only be issued for members who are recuperating from a medical or surgical condition that interferes with accurate and valid measurement. Inability to exercise is not a valid excuse for BCA waiver. Waiver recommendations shall: Be in writing by a board eligible or certified specialist (e.g., surgeon, endocrinologist) and reviewed by the department head of the specialist recommending the waiver.” Service member’s packet does not meet the guidelines of a valid BCA waiver.
3.       Recommendation . Based on the Physical Readiness Program and evidence contained in this file, there is not substantiating evidence that service member’s PRIMS record is incorrect. No correction will be made to the requested PRIMS records.
4.       This is an advisory

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