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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 09797-08
3 September 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.
You requested, in effect, that the enlisted performance
evaluation report for 16 March to 15 November 2006 be modified
by changing the body composition entry in block 20 ("Physical
Readiness") from "NS" (not within weight/body fat standards) to
"MW" (medically waived); and that the Physical Readiness
Information Management System (PRIMS) data for the Fall 2007 {20
December 2007) body composition assessment be changed to show
medical waiver, rather than failure.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 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 opinions furnished by the Office of the Chief of Naval
Operations, dated 9 January 2008 with attachments, 19 June 2008
with attachments, 18 November 2008 and 12 May 2009, and the Navy
Personnel Command, dated 10 January 2008 with attachments, and
the Commanding Officer (CO), NOSC Moreno Valley letter dated
17 April 2008, copies of which are attached. The Board also
considered your letters dated 19 February 2008, 21 April 2008
with attachment, 27 July 2008, undated with enclosures and
22 September 2008 and your undated fax.
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 opinions
and particularly noted the letter from the CO, NOSC Moreno
Valley, the reporting senior who submitted the performance
evaluation report in question. 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 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,
Enclosures
NAVY | BCNR | CY2008 | 04782-08
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. Recommend no correction be made to the requested PRIMS record. This is an advisory memorandum for the use of the Board for Correction of Naval Records only.
NAVY | BCNR | CY2007 | 05527-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2008. Documentary material considered b of your application, together with all material submitted in Support thereof, your naval record and applicable statutes, regulations and policies. 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.
NAVY | BCNR | CY2007 | 06650-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 08345-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 April 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 05015-08
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. Sincerely, \Weacs } W. DEAN PFET Executive Dir : Enclosure e,_; 5420 OPNAV N135 12 AUG 2008 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2) Subj: REQUEST FOR COMMENTS AND RECOMMEM TIONS IN THE CASE OF Ref: (a) OPNAVINST 6110.1H (b) BCNR Case File...
NAVY | BCNR | CY2008 | 09520-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2009. In addition, the Board considered the advisory opinion furnished by the Office of the Chief of Naval Operations dated 16 December 2008 with enclosure, a copy of which is attached. 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.
NAVY | BCNR | CY2010 | 02535-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 2010. In this connection, the Board substantially concurred with the comments contained in the advisory opinion, but noted PRIMS reflects no BCA conducted on 8 May 2009 (it shows you were medically waived from the BCA conducted on 15 October 2009). Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2007 | 09425-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. 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. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2007 | 10765-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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. Sailor petitioned...
NAVY | BCNR | CY2007 | 10765-07
10765-07 29 July 2008This 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 24 July 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes,...