DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL. RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 05527-07
14 February 2008
naval record pursuant to 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 14 February 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the
Board. Documentary material considered b
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 opinions furnished by the Office of the Chief of Naval
Operations undated with enclosures and the Navy Personnel
Command dated 6 September 2007, copies of which are 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 opinions
except to note, concerning paragraph 2.e of the advisory opinion
dated 6 September 2007, that selection boards do not disregard
the information on an original fitness report to which a
supplemental letter has been added. Further, the Board noted
that the body composition assessment (BCA) in question was
conducted on 6 May 2005, whereas you contend you became pregnant
on or about 15 May 2005, after the BCA had been conducted.
Finally, the Board noted that the contested fitness report would
appear to have an error in your favor, in that it does not
reflect the physical readiness test failure of 6 November 2004
shown in the Physical Readiness Information Management System
(PRIMS) data enclosed with the undated advisory opinion. 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 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,
NAVY | BCNR | CY2007 | 06650-07
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NAVY | BCNR | CY2008 | 04782-08
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. Recommend no correction be made to the requested PRIMS record. This is an advisory memorandum for the use of the Board for Correction of Naval Records only.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
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Sincerely, Enclosure 5420 OPNAV N135 05 Mar 08 From: Ms. Heather L. Pouncey, Physical Readiness Program Manager (OPNAV N135) To: Heather Topping, Assistant for BCNR Matters (PERS-31C) Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF Ref: (a) OPNAVINST 6110.1H (b) BCNR Case File 00668-08 Encl: (1) PRIMS Record (NAVPERSCOM Official data) 1. Sailor petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and/or remove...