DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06650-07
15 February 2008
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 14 February 2008. 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 opinions furnished by the Chief of Naval Operations
undated with enclosure and the Navy Personnel Command dated
26 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 the recommendation, in paragraph 2.d of the advisory
opinion dated 26 September 2007, to change "Oct" to “Apr" in
block 43 ("Comments on Performance") of the performance
evaluation report in question. In this regard, the Board was
unable to find that the Physical Readiness Information
Management System (PRIMS) data was correct in indicating you
were excused from the October 2004 body composition assessment
(BCA) because you had been aboard less than 10 weeks, when the
performance evaluation report for the period during which that
BCA occurred stated you failed that BCA. The Board noted that
the reporting senior was the commanding officer, who would have
had to approve excusing you on the basis that you had been
aboard less than 10 weeks, and presumably would have known if
you had been excused. Further, even if you were, in fact,
excused from that BCA, the Board found the reference to your
having failed that BCA would be an immaterial error in a report
that properly reflected your four consecutive physical fitness
assessment failures within four years and properly assigned you
adverse marks in light of those failures. 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,
W. DEAN PFET
Executive Dir
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Enclosures
NAVY | BCNR | CY2008 | 05015-08
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. Sincerely, \Weacs } W. DEAN PFET Executive Dir : Enclosure e,_; 5420 OPNAV N135 12 AUG 2008 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2) Subj: REQUEST FOR COMMENTS AND RECOMMEM TIONS IN THE CASE OF Ref: (a) OPNAVINST 6110.1H (b) BCNR Case File...
NAVY | BCNR | CY2010 | 07718-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof and applicable statutes, regulations and policies. 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.
NAVY | BCNR | CY2009 | 06030-09
06030-09 n. On 30 May 2008, two days after failing the BCA portion of the PFA, Petitioner received another medical waiver. On 5 June 2009, Petitioner filed enclosure 1 with this Board requesting that the applicable naval record be corrected to show advancement to E-6/AT1 from the March 2008, Navy-wide advancement exam, Cycle 199. w. By enclosure 3, Petitioner's command has commented that no relief is warranted for the following reasons: Petitioner was not within BCA standards and did not...
NAVY | BCNR | CY2007 | 05527-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2008. Documentary material considered b of your application, together with all material submitted in Support thereof, your naval record and applicable statutes, regulations and policies. 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.
NAVY | BCNR | CY2008 | 09520-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2009. In addition, the Board considered the advisory opinion furnished by the Office of the Chief of Naval Operations dated 16 December 2008 with enclosure, a copy of which is attached. 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.
NAVY | BCNR | CY2006 | 06376-06
In addition, the Board considered the advisory opinion furnished Consequently, when applying for a correction of anofficialnaval record, theburdenis ontheapplicant todemonstrate the existence of probable material error or injustice.Sincerely,Enclosure5420 OPNAV N135 3 Oct 06MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2)Subj: REQUEST FOR CO D RECOMMENDATIONS IN THE CASE OFRef: (a) OPNAVINST 6110.1G(b) BCNR Case File 06376-061. Subject member petitioned...
NAVY | BCNR | CY2007 | 10765-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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. Sailor petitioned...
NAVY | BCNR | CY2007 | 10765-07
10765-07 29 July 2008This 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 24 July 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,...
NAVY | BCNR | CY2010 | 01713-10
A three-member panel of the Board for Correction of Naval Records, sitting im executive session, considered your application on 6 January 2011. The Board further neted that the waiver document you provided is dated 2 April 2006, the same date as the Body Composition Assessment (BCA) you failed in cycle 1, 2006, so the Board was unable to find the waiver was in effect when that BCA was conducted. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2007 | 06752-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...