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NAVY | BCNR | CY2008 | 08279-08
Original file (08279-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

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

 

HD:hd
Docket No. 08279-08
25 June 2009

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

    

Subj
REVIEW OF NAVAL RECORD

Ref: (a) 10 U.S.C, 1552

Encl: (1) DD Form 149 dtd 25 Aug 08 w/attachments
' (2) OPNAV N135 ltr dtd 23 Jun 09 w/enclosure
(3) 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 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). He further impliedly requested changing
the Physical Readiness Information Management System (PRIMS)
data accordingly, to show he passed the Spring 2006 BCA, rather
than failed. OPNAV N135 has made this change to the PRIMS data.

2. The Board, consisting of Ms. LeBlanc and Messrs. Blanchard
and J. Hicks, reviewed Petitioner's allegations of error and
injustice on 25 June 2009, 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 enclosure (2), OPNAV N135 commented to the effect
that Petitioner's request to remove the page 13 entry 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 enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected by removing
the service record page 13 ("Administrative Remarks") entry
dated 31 May 2006.

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.

Britta. L. (aon

ROBERT D. 4SALMAN 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.

Wooded.

W. DEAN PFE
Executive Di

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