DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 00183-08
15 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): Jame ch
REVIEW OF NAVAL REC
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 Jan 07 (sic) w/attachments
(2) OPNAV N135 undtd memo w/enclosures
(3) Subject's fax dtd 4 Jun 08
(4) OPNAV N135 fax dtd 30 Jul 08
(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 her Physical Readiness
Information System (PRIMS) data to show she did not fail the
Fall 2007 physical fitness assessment (PFA), but had a waiver
for pregnancy.
2. 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. 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. Enclosure (1) was filed ina timely manner.
c. Petitioner failed both components of the Fall 2007 PFA:
she failed the body composition assessment (BCA) conducted on
23 October 2007, and she failed the physical readiness test
(PRT), conducted on 2 November 2007. At Tab A to enclosure (1),
she provided a pregnancy notification document dated 21 December
2007. In an undated document at Tab B to enclosure (1), the
same physician who submitted the pregnancy notification stated
Petitioner had become pregnant on 9 July 2007, well before both
the BCA and PRT at issue, “but was unaware until the end of
November.”
d. In correspondence attached as enclosure (2), OPNAV N135,
the office within the Office of the Chief of Naval Operations
with cognizance over physical readiness, commented to the effect
Petitioner's request should be denied, as the pregnancy
notification was dated after the PFA in question.
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 confirmation
documentation was dated after the PFA.
g. The PFA failure in question was Petitioner’s third ina
four-year period. For that reason, she received the adverse
special enlisted performance evaluation report for 16 March 2007
to 3 March 2008, a copy of which is at Tab A. It recommended
against both advancement and retention.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding the contents of enclosures (2) and (4), the
Board finds an injustice warranting the requested relief. The
Board finds Petitioner was, in fact, pregnant when the PFA in
question was conducted, but she was unaware of it until
afterward, so the PRIMS should show she had a waiver for
pregnancy. In view of the above, the Board recommends the
following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
her PRIMS data for the Fall 2007 PFA to show she did not fail,
but had a waiver for pregnancy.
b. That her record be corrected further by removing the
following special enlisted performance evaluation report and
related material:
Period of Report
From To
Date of Report
16 Mar 07 3 Mar 08
Undated
c. That there be inserted in her naval record a memorandum
in place of the removed report, containing appropriate
identifying data concerning the report; that such memorandum
state that the report has been removed by order of the Secretary
of the Navy in accordance with the provisions of federal law and
may not be made available to selection boards and other
reviewing authorities; and that such boards may not conjecture
or draw any inference as to the nature of the report.
d. That appropriate corrections be made to the magnetic
tape or microfilm maintained by the Navy Personnel Command.
e. That Petitioner’s record be corrected further by
removing any service record page 13 (‘Administrative Remarks”)
or other entry dated on or about 23 October 2007, 2 November
2007, or 3 March 2008, reflecting her third PFA failure in a
four-year period, withdrawal of her recommendation for
advancement, or withdrawal of her recommendation for retention.
f. 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.
g. 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 ina
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
matter.
DIVERS Sf C20 Fr
JONATHAN S. RUSKIN
ROBERT D. ZSALMAN
Acting Recorder
Recorder
5. The foregoing report of the Board is submitted for your
review and action.
vor ’
W. DEAN PFEI
Reviewed and approved:
Qa art. C8.
G-16-0OB
Robert T. Cali
Assistant General Counsel
Mannower and Reserve Affairs)
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 | 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 | 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 | 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 | CY2008 | 08777-08
In enclosures (2) and (3), OPNAV N135 and the NPC office with cognizance over fitness reports, respectively, commented to the effect Petitioner's requests should be denied. e. In enclosure (6), the NPC office with cognizance over fitness reports noted that Petitioner's reporting senior had declined to submit a supplemental report, notwithstanding the PRIMS correction. In enclosure (9), that office noted the fitness report corrections recommended in enclosure (6} and stated hig SSB request...
NAVY | BCNR | CY2007 | 02330-07
NAVY | BCNR | CY2007 | 03330-07
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 taking unspecified corrective action regarding the enlisted performance evaluation report for 16 November 2005 to 15 November 2006, a copy of which is at Tab A. d. In correspondence attached as enclosure (3), PERS-311, the Navy Personnel Command office with cognizance over performance...
NAVY | BCNR | CY2008 | 08279-08
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 removing the service record page 13 ("Administrative Remarks") entry dated 31 May 2006, reflecting Petitioner failed the Spring 2006 Body Composition Assessment (BCA) (copy at Tab A). The Board, consisting of Ms. LeBlanc and Messrs. Blanchard and J. Hicks, reviewed Petitioner's allegations of...
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 | 09265-06
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 this connection, the Board substantially concurred with the comments contained in the advisory opinion. Recommend no correction be made to the requested PRIMS records.