DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100

HD:hd
Docket No. 07016-06
22 January 2007

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application 19 January 2007. 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 opinion furnished by the Office of the Chief of Naval Operations dated 20 October 2006, a copy of which is attached. The Board also considered your memoranda (two) dated 15 July (sic) 2007, each with enclosures.

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 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,

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

5420
OPNAV N135
20 Oct 06

MEMORANDUM FOR	EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (PERS-3LC2)

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS IN THE CASE OF

Ref: (a) OPNAVINST 6110.1H
(b)	BCNR Case File 07016-06

End: (1) PRIMS Record (NAVPERSCOM Official data)

1. Subject member petitioned the Board for Correction of Naval Records (BCNR) in accordance with reference (a), to correct errors and/or remove injustices in from their service record.

2 Per to have the Fall 2005 Body Composition Assessment (BCA) reflect non failures contending that the PRIMS data should have been changed due to a “bad day” rule.

3. Recommendation. Based on the Physical Readiness Program and evidence contained in this file, there is not substantiating evidence that their PRIMS record is incorrect. The Command Fitness Leader (CFL) and Commanding Officer (CO) need to provide a letter stating that the “bad day” rule was offered throughout the command. No correction will be made to the requested PRIMS records.

4. This is an advisory memorandum for the use of the Board f or Correction of Naval Records only. Please contact YN1(AW) Comm: 901-874-3643/DSN: 882 for further information.