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NAVY | BCNR | CY2009 | 10923-09
Original file (10923-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

HD:hd
Docket No. 10923-09
18 June 2010

 

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 your data in the
Physical Readiness Information Management System for the Spring and
Fall 2006 Body Composition Assessment (BCA) be changed from failed
to passed. Your previous request regarding the Fall 2006 BCA, docket
number 668-08, was denied on 24 July 2008.

It is noted that the Chief of Naval Operations (OPNAV N135) has made
the requested change to the data for the Fall 2006 BCA.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 17 June
2010. 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, the Board’s file on your
prior case, and applicable statutes, regulations and policies. In
addition, the Board considered the advisory opinion furnished by
OPNAV N135 dated 1 December 2009 with enclosure, a copy of which is
attached.

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 opinion. Accordingly, your application
for relief beyond that effected by OPNAV N135 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 probabie material
error or injustice.

Sincerely,

Executive tor

Enclosure

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