DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 42-08
25November 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 25 November 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 advisory opinion
furnished by the Navy Personnel Command, copies of which are
enclosed.
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,
\s
W. DEAN P
Executive Dir
Enclomures
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-000:
0 1610
PERS-311
6 June 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERS/BCNR Coordinator (PERS-31C)
Subj: ¥
Ref: (a) BUPERSINST 1610.10A (EVALMAN)
Encl: (1) BCNR File 00042-08 w/Service record
1. Enclosure (1) is returned. The member requests the revision of her performance evaluation
report, covering the period of 16 March 2006 to 15 March 2007. Additionally, the member
requests the Body Composition Assessment (BCA) be changed.
2. Based on our review of the material provided, we find the following:
a. A review of the member’s headquarters record revealed the report in question to be on file.
It was signed by the member acknowledging the contents of the report and her nght to submit a
statement. The member indicated on the report that she intend to make a statement. The
member’s statement and the reporting senior’s endorsement are not present in the member’s file.
Per reference (a) member has 2 years to submit a statement.
b. The performance evaluation report in question is an adverse, Periodic/Regular report. The
member requests the comments pertaining to her Non-Judicial Punishment be removed as she
alleges there was no time afforded to appeal the judgment. Additionally, the member requests
that the Physical Readiness information be amended to medically waive as she was not released
for duty by a surgeon.
c. The evaluation report is a valid report. The member received 1.0 performance trait mark in
Military Bearing/Character and Leadership and in accordance with reference (a), the only
promotion recommendation the member was eligible to receive was “Significant Problems”. The
member also has a NAVPERS 1070/613 entry in her file dated and signed by the member on 27
November 2006, stating she had failed three (3) Physical Fitness Assessments in a four (4) year
period, per OPNAVINST 6110.1H the reporting senior was required to make her a significant
problem on the performance evaluation report.
d. Per reference (a) Chapter 13, page 13-7, subparagraph !3-9 (b) - Commenting on Judicial
or Non-Judicial Punishment states ““Non-Judicial Punishment proceedings are concluded when
Subj: ¥
they are final on appeal, or when it has been determined that the member has waived the right of
appeal (normally 5 days after imposition of punishment)”. Enclosure (1) documents the
punishment was imposed on 8 December 2006 and the member’s bust was suspended for a six
(6) month period. The member acknowledged that The performance evaluation report was
accurately prepared and submitted by the reporting senior in accordance with reference (a).
e. The member does not prove the report to be unjust or in error.
3. We recommend the member's record remain unchanged.
5420
OPNAV N135
12 JUN 08
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS (PERS-31C)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref: (a) BCNR Case File 00042-08
(b) CPNAVINST 6110.1H
Bnel: (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 injustices in the Sailor’s Evaluation for the
period of 06 MAR 16 to 07 MAR 15.
2. Sailor's request for removal of Physical Readiness
Information Management System (PRIMS) data based on the
Evaluation in question is not supported by documentation
provided in Ref (a). Package did not include any medical
documentation proving a medical waiver existed,
3. Recommendation. Based on the Physical Readiness Program
policy and evidence contained in this file, there is not
substantiating evidence that Sailor’s PRIMS record is incorrect.
Recommend no correction be made to the requested PRIMS records
or evaluation.
4. This is an advisory memorandum for the use of the Board for
Correction of Naval Records only. Please contact ETCM(SS) Rob
Danielson at Comm: 901-874-4310/DSN: 882 for further
information.
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 | 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 | 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 | 03437-08
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, LXQanS W. DEAN PFE Executive Dixéc Enclosure 5420 OPNAV Ni35 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS~31C) Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF Ref: (a) BCNR Case File 03437-08 {b) OPNAVINST 6110.10 Encl: (1) PRIMS...
NAVY | BCNR | CY2008 | 01981-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2008. 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. Gailor 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...
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 | 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 | CY2006 | 06804-06
06804-06 1 March 2007This 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 1 March 2007. In addition, the Board considered the advisory opinion furnishedby the Office of the Chief of Naval Operations dated 3 October 2006 with enclosure, a copy of which is...
NAVY | BCNR | CY2008 | 03589-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2009. Sailor petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and/or remove injustices in her 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 | 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...