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NAVY | BCNR | CY2007 | 08473-07
Original file (08473-07.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. 08473-07
                                                                                          28 February 2008

T his is in reference to your applica ti on 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 28 February 2008. Your allegations of error and injustice were reviewed in accordance with a dm in i strat i ve 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 1 November 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 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
 OPNAV N135
 1Nov07
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2)
Subj:    REQU EST FOR COMMEN TS AND RECOMMENDATIONS IN THE CASE OF

Re f (a) BCNR Case File 08473-07
 (b)      OPNAVJNST6IIOJH
 (c)      OYThT WIG
En cl :    (I) PRIMS Record

I Service 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.       Service member’s PRJMS record for Fall 2003 through Fall 2007 are reflected in enclosure (1). Service member’s PRIMS record for 2002 is no longer available in the PRIMS system. Service member requests changes to five Physical Fitness Assessments cycles due to medical conditions, Per references (b) and (c), Enclosure (3), all medical waivers are subject to approval by the Commanding Officer. Service member did not provide any documentation of medical waivers or approval by the Commanding Officer. Per references (b) and (c), Enclosure (3), pregnancies must be confirmed by the primary care provider before the medical waiver is issued. The Memorandum provided by the service member dated 1 December 2003 for pregnancy does not have any official identification. No documentation was provided for additional changes requested for Fall 2004, Spring 2005, or Fall 2006. No documentation was provided for change of rank. Additionally, the change of rank is a function that can and should be performed by the local command.
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. Recommend no correction be made to the requested records.
4.       This is an advisory memorandum for the use of the Board for Correction of Naval Records only Please information.

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