DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10504-18 Ref: Signature Date This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. A three-member panel of the Board, sitting in executive session, considered your application on 25 June 2019. The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. The Board also considered the enclosed 9 February 2019 OPNAV N170 advisory opinion (AO). The AO was provided to you on 19 February 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully considered your request to update your Physical Readiness Information Management System (PRIMS) record to reflect you were medically waived instead of failed Cycle 2 2015, and Block 20 of your Evaluation Report and Counseling Record to reflect PW (medically waived) instead of PF (failed) for Cycle 2 2015. The Board considered your contention that on 14 October 2015, you underwent a full endoscopic sinus surgery, and after a medical follow-up appointment, you did not have any restrictions for physical activities, which lead you to believe that you could participate in your upcoming physical fitness assessment (PFA). You assert that you were unaware that your body had not fully recovered from surgery, and consequently failed the cardio portion of the PFA. You assert that you were provided a memorandum declaring that you should have been put on limited duty post-surgery, but that your command still considered it an “after the fact” occurrence. You state that your understanding of the “after the fact” instructions are only in regard to body composition assessments (BCA), which you passed. As part of the review process, the Navy Physical Readiness Program Office reviewed your request and provided an AO to the Board. The Board concurred with the AO and concluded that correction to your PRIMS record is not warranted because retroactive medical waivers are not authorized for either the BCA or physical readiness test. Additionally, the Board agreed that service members are required to know their medical status prior to the PFA, and seek medical attention and waivers when warranted. The Board also concluded that since your PRIMS record was not changed, modifying your Evaluation and Counseling Record is not warranted either. 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, 9/19/2019