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NAVY | BCNR | CY2008 | 03589-08
Original file (03589-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 03589-08
13 February 2009

 

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 12 February 2009. 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
undated advisory opinion furnished by the Office of the Chief of
Naval Operations with enclosure, 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 cape are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new anc
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 Diredat

Enclosure
5420
OPNAV N135

)
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL

RECORDS (PERS-3LC2)

Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF

 

Ref: (a) 10 USC Section 1552
({b) OPNAVINST 6110.18
(c) PRIMS Records

Encl: (1) BCNR File 03589-08

1. 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.

2. Sailor requested that the Physical Fitness Assessment (PFA)

for Fall 2005 be changed from fail to pregnant for the Body
Composition Assessment (BCA) performed on 14 October 2005 and
Physical Readiness Test (PRT) performed on 28 October 2005 due
to her being pregnant. Reference (3) indicates that she

‘ participated in the PFA failing both portions (BCA and PRT).
Member received Pregnancy Notification dated on 14 December
2005. Reference (b), enclosure (3) page 6, paragraph 3(i)1,
states that after confirmation of pregnancy by a health care
provider, pregnant servicewomen shall not be required to meet
PRT and BCA standards from the time the pregnancy is confirmed
until 6 months following delivery.

3. Recommendation. Based on the Physical Readiness Program and
evidence contained in this file, there is not substantiating
evidence that the PRIMS record should be changed. Recommend no
correction be made to the requested PRIMS records.

4. This is an advisory memorandum for the use of the Board for

Correction of Naval Records only. Please contact Mr. Dean H.
Harris at Comm: 901-874-2421/DSN: 882 for further information.

H. POUNCE a

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