DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06904-08
7 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sul]: ae arene Ce ae
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Fnel: (1) DD Form 149 dtd 16 Jul 08 w/attachments |
(2) OPNAV N135 ltr dtd 3 Sep 08 w/enclosure
(3) PERS-311 memo dtd 8 Sep 08
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 amending block 20 ("Physical Readiness")
of the fitness report for 7 April to 8 June 2001 (copy at Tab A)
to show "N [not tested or score not available]/xXxX [impossible to
weigh or measure]" vice "F [failed physical readiness test] /XxX.”
2. The Board, consisting of Messrs. Fales, J. Hicks and Ivins,
reviewed Petitioner's allegations of error and injustice on
2 October 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. In enclosures (2) and (3), the Office of the Chief of
Naval Operations and Navy Personnel Command offices with
cognizance over the subject matter of Petitioner's case have
commented to the effect his request has merit and warrants
favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3),
the Board finds the existence of an error warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
as follows the fitness report for 7. ane 2001, dated
5 June 2001 and signed by R@@CRRyy ad
Block 20: Change entry from "F/XX" to "N/XX."
b. 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.
c. 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.
Drovi10Fer f. La.2704
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6 (e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
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