DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 01713-10
18 January 2011
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 that the data in the Physical Readiness
Information Management System (PRIMS) be corrected to show
medical waiver, rather than failure of the Physical Fitness
Assessment (PFA), for cycle 1, 2004, cycle 1, 2006 and cycle 2,
2006. You further requested that your administrative separation
from the Navy Reserve on the basis of three or more consecutive
PFA failures in the four-year period from 2004 to 2008 be set
aside, and that you be reinstated to the Individual Ready
Reserve (IRR).
The attached e-mail dated 18 January 2011 from the Merchant
Marine Reserve Program Manager shows you are still assigned to
the IRR.
A three-member panel of the Board for Correction of Naval
Records, sitting im executive session, considered your
application on 6 January 2011. 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 and applicable statutes, regulations and
policies. In addition, the Board considered the advisory
opinion furnished by the Office of the Chief of Naval Operations
dated 7 April 2010, a copy of which is attached, and your letter
" dated 12 May 2010.
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. The Board noted that the PRIMS data does
not reflect a PFA failure for cycle 2, 2006, but does reflect
four consecutive failures, for cycle 1, 2004, cycle 2, 2004,
cycle 1, 2005 and cycle 1, 2006. The Board further neted that
the waiver document you provided is dated 2 April 2006, the same
date as the Body Composition Assessment (BCA) you failed in
cycle 1, 2006, so the Board was unable to find the waiver was in
effect when that BCA was conducted. As the document showed no
expiration date, the Board was unable to find it was in effect
when the Physical Readiness Test you failed in cycle 1, 2006 was
conducted on 8 May 2006. Since the Board found insufficient
basis to correct your PRIMS data, it had no grounds to set aside
any action to effect your administrative separation on the basis
of PFA failures. In view of the above, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
Your letter of 12 May 2010 requested “guidance on getting a 4-
year-old waiver dated.” You could contact the doctor who signed
it, and ask that he submit a properly completed waiver form.
You could also contact your command at the time, and ask if they
have any record of a waiver.
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,
Was
W. DEAN PFEITERFE
Executive Dikeéc
Enclosure
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