DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 04782-08
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
advisory opinion furnished by the Office of the Chief of Naval
Operations dated 23 July 2008 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,
and it further noted that your fitness report for 1 lebruary to
6 July 2006, during which the Spring 2006 Body Composition
Assessment in question was conducted on 20 March 2006, shows the
coumanding officer (CO) ef your unit, Naval Special Warfare Unit
who signed the undeeae pro, Ana
who signed the undated endorsement stating he was the CO of that
unit during the March 2006 Physical Fitness Assessment. In view
of the above, 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,
Enclosure
5420
OPNAV N135
23 Jul 2008
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS (PERS-3LC2)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF
Ref: (a) BCNR Case File 04782-08
{b) OPNAVINST 6110.1H
1. 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.
2. Sailor requested Spring 2006 Body Composition Assessment
(BCA) PRIMS data be changed to meet the BCA criteria up to the
DoD maximum standard of twenty-six percent (males). Reference
(a) contains a memorandum from the Command Fitness Leader with a
signed first endorsement but nothing on command letter head.
The Commanding Officer's endorsement must be on command
letterhead and serialized.
3. Recommendation. Based on the Physical Readiness Program and
evidence contained in this file, there is not substantiating
evidence that the Sailors’ PRIMS record should be changed.
Recommend no correction be made to the requested PRIMS record.
4. This is an advisory memorandum for the use of the Board for
Correction of Naval Records only. Point of contact for further
information is CDR Alice Whitley (OPNAV ~ N135) at DSN 882-4379
or (901) 874-4379. “
MN he “4 4 wf, ce
A. WHITLEY “
Acting #
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