DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
HD: hd
Docket No. 03150-0909
5 June 2009
From: Chairman, Board for Correction of Naval Records
To% Secretary of the Navy
Subj : er, eee ate
REVIEW OF NAVAL RECORD
Ref: {a} 10 U.S.C. 1552
Encl: DD Form 149 dtd 15 Jul 08 w/attachments
OPNAV Ni35 memo dtd 29 Aug 08 w/enclosures
Subject's memo dtd 24 Oct 08 w/attachments -
OPNAV N135 memo dtd 24 Nov 08 w/enclosure
BCNR Ltr HD:hd Docket No. 07601-08 dtd 17 Mar 09
OPNAV N135 memo dtd 24 Mar 09 w/enclosure
Subject's memo dtd 12 May 09 w/enclosures
IA om wh
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
(1 November 2007) Body Composition Assessment (BCA) to show she
was medically waived, rather than failed (her performance
evaluation report for the pertinent period, 11 April 2007 to
15 March 2008, has been corrected).
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 below should be taken on the
available evidence of record. Documentary material considered
by the Board consisted of the enclosures, and applicable
statutes, regulations and policies.
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 was pregnant in July 2007 and suffered a
miscarriage. In a letter of 1 July 2008, in enclosure (1) at
Tab A, a Navy flight surgeon stated she should have been waived
from the Fall 2007 BCA.
d. In enclosure (2), N135, the Office of the Chief of Naval
Operations office with cognizance over the subject matter of
this case, commented to the effect Petitioner's request should
be denied, as a medical waiver must be in writing from a board
eligible or certified specialist and reviewed by the
specialist's department head. N135 concluded that the waiver of
i July 2008 is invalid.
e. Enclosure (3) is Petitioner's request that another
opinion be requested from N135.
f. In enclosure (4), N135 stated that the waiver was valid
and attached documentation showing the PRIMS data had been
corrected as Petitioner had requested.
g. Enclosure (5) is this Board's letter advising Petitioner
that her case had been administratively closed in view of the
N135 action.
h. In enclosure (6), N135 stated that they had made an
error in reviewing the timeline for Petitioner's waiver, so
their original advisory opinion (enclosure (2)} was correct; and
that the PRIMS data had been amended accordingly to show
Petitioner had failed the Fall 2007 BCA. In light of this,
Petitioner's case was reopened.
“i. Enclosure (7) is Petitioner's reply to enclosure (6),
essentially summarizing what has transpired in her case and
reiterating her request for waiver.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding the contents of enclosures (2) and (6), the
Board finds the existence of an injustice warranting the
requested relief. While the waiver document Petitioner offers
is not from a specialist, and it was not submitted until after
the BCA in question, the Board is satisfied Petitioner warrants
a medical waiver from the Fall 2007 BCA. Accordingly, the Board
recommends the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by modifying
the PRIMS data for the Fall 2007 BCA to show she was medically
waived, rather than failed.
b. That Petitioner's record be corrected further by
removing any service record page 13 ("Administrative Remarks")
or other entry reflecting she failed the Fall 2007 BCA.
c. 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.
dad. 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
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.
A, Ar-G
ROBERT D, ASALMAN ONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN PFE
eviewed and approved:
™, GQ. :
fa- We- QO& 3
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