PS
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09425-07
15 August 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.
You requested that your Physical Readiness Information
Management System (PRIMS) Body Composition Assessment (BCA) data
for Spring 2004, Fall 2004, Spring 2005 and Fall 2005 be
corrected to reflect medical waiver. The Office of the Chief of
Naval Operations (OPNAV N135) has administratively corrected the
PRIMS BCA data for Spring 2004, Fall 2004 and Fall 2005 to show
medical waivers, as you requested (the PRIMS BCA data also
includes two entries showing you passed for Spring 2004, two
showing you passed for Fall 2004 and one showing you passed for
Fall 2005).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 August 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 OPNAV N135, dated 23 January 2008
and 3 June 2008 with enclosure, and the fax transmissions from
the Board’s staff dated 17 and 30 July 2008, copies of which are
attached. The Board also considered your commanding officer
(CO)'s letter dated 13 March 2008 with enclosures.
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 regarding the PRIMS BCA data for Spring 2005.
In this regard, the Board noted your CO stated you were waived
due to "VTU/IRR non-pay/non-drill status," not medical waiver.
Further, the Board observed that the PRIMS BCA data for Spring
2005 shows two entries, one with no data, and the other showing
you passed. The Board was unable to find a medical waiver
should be reflected. In view of the above, your application for
relief beyond that effected by OPNAV N135 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 PFE
Executive Di
Enclosures
NAVY | BCNR | CY2008 | 00668-08
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...
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 | CY2009 | 03150-09
In a letter of 1 July 2008, in enclosure (1) at Tab A, a Navy flight surgeon stated she should have been waived from the Fall 2007 BCA. g. Enclosure (5) is this Board's letter advising Petitioner that her case had been administratively closed in view of the N135 action. That Petitioner's naval record be corrected by modifying the PRIMS data for the Fall 2007 BCA to show she was medically waived, rather than failed.
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.
NAVY | BCNR | CY2009 | 10923-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2010. In addition, the Board considered the advisory opinion furnished by OPNAV N135 dated 1 December 2009 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 probabie material error or injustice.
NAVY | BCNR | CY2010 | 07350-10
The Board, consisting of Ms. White-Olson and Messrs. Chapman and Ivins, reviewed Petitioner's allegations of error and injustice on 4 November 2010, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. d. Enclosure (4) is Petitioner’s response to enclosures (2) and (3), reiterating his request to remove the statement “Blk 36. Due to failure of BCA 2JUN07.” The Board finds Petitioner's request to have the...
NAVY | BCNR | CY2008 | 03107-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2008. Sailor petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and/or remove injustices in his Physical Readiness Information Management System (PRIMS) record. This is an advisory memorandum for the use of the Board for Correction of Naval Records only.
NAVY | BCNR | CY2008 | 00183-08
The Board, consisting of Ms. Humphrey and Messrs. W. Hicks and Swarens, reviewed Petitioner's allegations of error and injustice on 14 August 2008, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. e. In enclosure (3), Petitioner provided a confirmation of pregnancy dated 19 November 2007. f. In enclosure (4), OPNAV N135 again recommended denying Petitioner's request, as the pregnancy...
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,...