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NAVY | BCNR | CY2006 | 09265-06
Original file (09265-06.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. 09265-06
22 June 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 21 June 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 23 January 2007 with enclosures, 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 the Board. In this regard, it is important to keep m ind t hat 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
OPNAV N135
23 Jan 07
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2)
Subj:    REQUEST FOR COMMENTS AND RECOMM ENDATION IN THE CASE OF
Ref:    (a)      BCNR Case File 09265-06
         (b)      OPNAVINST 6110.1G
         (c)      OPNAVINST 6000.1B

 End:     (1) PRIMS Record (NAVPERSCOM Official data)
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 Physical Readiness Information Management System (PRIMS) record.
2.       Per enclosure record for Spring 2004 reflects a failure and also shows two previous failures. Per reference (b), enclosure (3), h. (1), states after confirmation of pregnancy by a health care provider, pregnant servicewomen shall not be required to meet PRT and BCA standards from the time the pregnancy is confirmed by Obstetrician health provider.
3. Recomndation . Per reference (c) Appendix D, Sample Pregnancy Notification to Commanding Officer/Officer in Charge (CO/OIC) should have been used to notify chain of command on pregnancy confirmation. At this time there is not substantiating evidence that their PRIMS record is incorrect. Recommend no correction be made to the requested PRIMS records.

 4.       This is an advisory memorandum for the use of the Board for Correction of Naval Records only. Please contact YN1(AW) XXXX at Comm: XXXXXX /DSN: 882 for further information.


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