DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 08777-08
3 September 2009
From: Chairman, Board for Correction of Naval Records
Ou Secretary of the Navy
Subj: qi
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 10 Sep 08 w/attachments
(2} OPNAV N135 ltr dtd.23 Jan 09
(3) PERS-311 memo dtd 29 Jan 09
(4) Subject's ltr dtd 20 Feb 09 w/enclosures
(5) OPNAVY NL35 ltr dtd 13 May 09 w/enclosure
(6) PERS-32 memo dtd 8 Jun 09
(7) Subject's ltr dtd 23 dul 09 w/enclosures
(8) PERS-80 memo dtd 25 dun 09
(9) PERS-80 memo dtd memo dtd 14 Aug 09
(10) 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 the Physical Readiness
Information Management System (PRIMS) data for the Fall 2007
physical readiness test (PRT) to show he passed, rather than
failed. As indicated below, the Office of the Chief of Naval
Operations (OPNAV N135) has corrected the PRIMS data as
Petitioner requested. He further requested that the fitness
report for 1 May to 18 November 2007 (copy at Tab A) be modified
accordingly. Finally, he requested consideration by a special
selection board (SSB) for promotion to captain. As indicated
below, his SSB request will be processed by the Navy Personnel
Command (NPC) when action on his case before this Board has been
completed.
2. The Board, consisting of Messrs. Pfeiffer, Rothlein and
Sproul, reviewed Petitioner's allegations of error and injustice
on 3 September 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. Except as indicated in paragraph 1 above, 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), OPNAV N135 and the NPC office
with cognizance over fitness reports, respectively, commented to
the effect Petitioner's requests should be denied.
ec. Enclosure (4) is Petitioner's reply to enclosure (3),
noting that the PRIMS data had been corrected as he requested.
dad. In enclosure (5), OPNAV N135 confirmed that the PRIMS
data had been corrected as Petitioner requested.
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. However, in light of this correction, that
office recommended modifying the report by changing the PRT code
in block 20 ("Physical Readiness") from "F" (failed) to "Pp"
(passed) and removing, from block 41 ("Comments on
Performance"), the comment "-Failed Fall 2007 PFA [physical
fitness assessment] ."
f. Enclosure (7) is Petitioner's reply to enclosure (6),.
expressing disappointment that the reporting senior had chosen
not to submit a supplemental report.
g. Petitioner submitted a statement to the fitness report
in question, in which he addressed the PFA failure reflected in
that report. His statement and the reporting senior's
endorsement are in his record with the report.
h. In enclosure (8), the NPC office with cognizance over
officer promotions commented to the effect his SSB request
should be disapproved. In enclosure (9), that office noted the
fitness report corrections recommended in enclosure (6} and
stated hig SSB request would be processed when action on his
case before this Board has been completed.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (6) and its finding at
paragraph 3.g above, the Board finds an injustice warranting the
following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by modifying
as follows the fitness report for 1 May to 18 November 2007,
dated 9 December 2007 and signed by@ia
USNR:
(1) Block 20: Change PRT code from "F" to "P."
(2) Block 41: Remove "-Failed Fall 2007 PFA."
(3) Remove Petitioner's statement dated 25 December 2007
and reporting senior's endorsement dated 7 January
2008,
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.
ce. 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 in a
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.
ROBERT D, ZSALMAN JONATHAN S&S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6fe) of the revised Precedures 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.
Woo
W,. DEAN P FR@R
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Executive or
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