DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 08885-07
27 January 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
“REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Briccd : (i) DD Form 149 data 13 sep O07 w/attachmerts
(2) OPNAV N135 e-mail dtd 22 Jan 08
5} OPNAV N135 memo dtd 19 Dec O07 w/enclosures
(4) PERS-311 memo dtd 26 Dec 07
(5) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected by modifying the enlisted performance
evaluation report for 16 March to 29 July 2004 by changing the
entry in block 20 ("Physical Readiness") from "P/NS" (passed
physical readiness test (PRT) /not within height/weight/body fat
standards) to "P/WS" (passed PRT/within height/weight/body fat
standards). A copy of this report is at Tab A. He further
requested, by implication, that the Physical Readiness
Information Management System (PRIMS) data for the Spring 2004
body composition assessment be corrected to show he was within
standards. Enclosure (2) reflects the PRIMS data has been
corrected as Petitioner impliedly requested.
2. The Board, consisting of Mses. Epstein and LeBlanc and mr.
Washington, reviewed Petitioner's allegations of error and
injustice on 25 January 2008, and pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosures (3) and (4),
the Office of the Chief of Naval Operations and Navy Personnel
Command (NPC) offices with cognizance over the subject matter of
Petitioner's case have commented to the effect that his request
to modify his performance evaluation report has merit and
warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (3) and (4)
the Board finds the existence of an error and injustice
warranting the following corrective action:
‘
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
the enlisted performance evaluation report for 16 March to 29
July 2004, signed without date by Rear Admiral R. B. Murrett,
USN, by changing the entry in block 20 from "P/NS" to "P/WS.*
b. That appropriate corrections be made to the magnetic
tape or microfilm maintained by NPC.
c. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
Bovrvkaw S$ [(Relen
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
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