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NAVY | BCNR | CY2006 | 07942-06
Original file (07942-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 HD: hd
 Docket No. 07942-06
19 July 2007


T his 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 19 July 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 20 November 2006, 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. The Board particularly noted that while you did provide evidence that your commanding officer supports your request, you provided no documentation to the same effect from competent medical authority. 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 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
 E nclosure
5420
OPNAV Nl35
20 Nov 06
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERs-3Lc2)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF

Ref~     (a) OPNAVINS’r 6110.11-I
          (b) BCNR Case File 07942-06
1.       Subject member petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and/or remove injustices in the sailor’s service record.
2 Per reference to have the Spring 2004, Spring 2005, and Fall 2005 Physical Readiness Test (PRT) reflect non failures due to a medical issue during the cycles which caused the failures.
3.       Recommendation . Based on the Physical Readiness Program and evidence contained in this file, there is not substantiating evidence that their PRIMS record is incorrect. No correction will be made to the requested P RI MS records.
4.       This is an advisory memorandum for the use of the Board for Correction of Naval Records only.             Please contact YN1(AW) at Comm: for further information.

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