DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
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Docket No. 12183-08
5 June 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj . a a a _ ae . 7 : ear ut 5
REVIEW OF NAVAL RECORD —
Ref: {a} 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 7 Nov 08 w/attachments
(2) OPNAV N135 memo dtd 2 Feb 09 w/enclosure
(3) Subject's ltr dtd 13 May 09 w/attachments
(4) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) wath
this Board requesting, in effect, that the applicable naval
record be corrected by modifying the Physical Readiness ,
Information Management System (PRIMS) data for the Spring 2006
(8 August 2006) Physical Readiness Test (PRT) to show he was
medically waived, rather than failed {cardio portion).
2. The Board, consisting of Ms. Willis and Messrs. Bowen and
Ivins, reviewed Petitioner's allegations of error and injustice
on 29 May 2009, and pursuant to its regulations, determined that
the corrective action indicated bélow 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 ali 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. Enclosure (1) was filed in a timely manner.
c. Petitioner experienced pain during the Spring 2006 PRT.
Tt was not until 20 December 2006 that he was able to get X-rays
that revealed he had broken his foot.
, d. In enclosure (2), N135, the Office of the Chief of Navai
Operations office with cognizance over the subject matter of
Petitioner’s case, commented to the effect that he had
established he warranted a medical waiver from the PRT, but he
did not receive a waiver until four months after the PRT in
question.
e. Tn enclosure (3), Petitioner provided a physician's
report dated 26 January 2007, stating he had broken his foot
during the PRT of August 2006.
f. Petitioner's record includes a performance evaluation
report for 16 November 2005 to 15 November 2006 (copy at Tab A),
during which the PRT in question was conducted. Block 20
("Physical Readiness") shows a PRT code of "F [failed] ." Block
43 ("Comments on Performance") includes the statement "Failed
4th PFA [Physical Fitness Assessment] within most recent 4-year
period."
CONCLUSTON:
Upon review and consideration of all the evidence of record, and
notwithstanding the contents of enclosure (2), the Board finds
the existence of an injustice warranting the requested relief.
The Board finds Petitioner broke his foot during the PRT in
question, and that it was through no fault of his own he could
not obtain a medical waiver until well after the fact.
Accordingly, the Board recommends the following corrective
action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
the PRIMS data for the Spring 2006 PRT to show he was medically
waived, rather than failed (cardio portion).
b. That his record be corrected further by amending as
follows the performance evaluation report for 16 November 2005
to 15 November 2006, signed by Commander T. &. Sanford, USN and
dated 15 November 2006: ,
(1) Block 20: Change PRT code from "F" to "M [medically
waived] ."
(2) Block 43: In third line from bottom, change "4th" to
n3q, bb
c. That his record be corrected further by removing any
service record page 13 ("Administrative Remarks") or other entry
reflecting he failed the Spring 2006 PRT.
d. 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.
e. That any material directed to be removed from
Petitioner's naval record be returned to the Board, cogether
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, tt 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.
DIV ATEA! L, (Ore
ROBERT D. ZSALMAN JONATHAN S&S. RUSKIN
Recorder Acting Recorder
5, The foregoing report of the Board is submitted for your
\s ~,
1
W. DEAN PFE
Reviewed and approved:
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