DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6270-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) OPNAVINST 6110.IJ (Physical Readiness Program) Encl: (1) DD form 149 NR2018000 w/enclosures (2) PRPO ltr 5420 OPNAV Nl 70 of7 Feb 19 (3) DD form 149 NR2018000 w/enclosures (4) PRPO ltr 5420 OPNAV Nl 70 of 15 Jan 19 (5) DD form 149 NR2018000 w/enclosures (6) PRPO ltr 5420 OPNA V NI 70 of 4 Jan 19 (7) DD form 149 NR2018000 w/enclosures (8) PRPO ltr 5420 OPNA V NI 70 of 3 Jan 19 1. Pursuant to the provisions of reference (a), Petitioners filed enclosures (1) through (8), requesting correction to their Physical Readiness Information Management System (PRIMS) record. 2. Board "A" reviewed enclosures (1) and (3), Petitioners' allegations of error and injustice, on 29 May 2019. Board A, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record for both cases. Documentary material considered by the Board A consisted of enclosures (1) through (4), relevant portions of Petitioners' naval records, and applicable statutes, regulations, and policies. 3. Board "B" Board reviewed enclosures (5) and (7), Petitioners' allegations of error and injustice, on 4 June 2019. Board B, pursuant to its regulations, found the evidence submitted for both cases was insufficient to establish the existence of probable material error or injustice. Documentary material considered by Board B consisted of enclosures ( 6) and (8), relevant portions of Petitioners' naval records, and applicable statutes, regulations, and policies. 4. The Boards, having reviewed all the facts of record pertaining to Petitioners' allegations of error and injustice found as follows: a. Before applying to this Board, Petitioners exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner's application enclosure (1), requests that the missing Physical Readiness Test (PR T) information from his PR.IMS record be corrected for Cycle 2, 2016. Petitioner submitted his PRT data on an Official PRT Score Sheet (NA VPERS 6110/11). In correspondence attached at enclosure (2), the office having cognizance over Petitioner's request to correct his record (OPNAV NI 70) advised that the Petitioner's PRIMS records could not be updated because his Physical Fitness Assessment (PF A) was not conducted by a certified Command Fitness Leader (CFL) and he did not submit a Body Composition Assessment (BCA) scoresheet. Also, there was no Observer signature on the PRT scoresheet (reference (b) applies)). c. Petitioner's application at enclosure (3) requests that the missing PRT information from his PR.IMS record be corrected for Cycle 2, 2015, and Cycles 1 and 2, 2016. Petitioner submitted his PRT data on three separate NAVPERS 6110/11 Forms for those Cycles, and a Physical Fitness Assessment Medical Clearance/Waiver (NA VMED 6110/4) dated 23 November 2016. In correspondence attached at enclosure (4), OPNA V NI 70 advised that the Petitioner's PR.IMS records could not be updated because he did not submit BCA scoresheets and there was no Observer signature on any of the PRT handwritten scoresheets. Additionally, NA VMED 6110/4 was not complete because section 4 was not signed by the Authorized Medical Department Representative (AMOR), and section 5 was not approved and endorsed by Commanding Officer (reference (b) applies)). d.Petitioner's application at enclosure (5) requests that the missing PRT information from his PRIMS record be corrected for Cycles 1 and 2, 2015; and Cycles 1 and 2, 2016. In correspondence attached at enclosure (6), OPNAV Nl 70 advised that the Petitioner,s PRIMS record could not be updated because he did not submit BCA scoresheets. Additionally, the PRT scoresheets list the Petitioner as both the CFL and Observer, which is not in compliance with Navy policy. Furthermore, a CFL cannot administer his own PR T (reference (b) applies)). e. Petitioner's application at enclosure (7) requests missing PRT information from his PR.IMS record be corrected for Cycles 1 and 2, 2015; and Cycles 1 and 2, 2016. In correspondence attached at enclosure (8), OPNA V Nl 70 advised that the Petitioner's PRIMS record could not be updated because he did not submit BCA scoresheets and there was no Observer signatures on the PRT handwritten scoresheets for Cycle 2, 2015 or Cycles 1 and 2, 2016. Reference (b) applies. f. Each Petitioner contends that the reason for the errors in their PRIMS record was due to 11Program Mismanagement." Specifically, there was no qualified CFL with UIC access onboard Military Sealift Command, during the period the PF As were administered. Although the PFAs were administered each cycle by the Command Senior Enlisted Advisor, he was not a certified CFL and did not have the ability to uploaded the results into the PRIMS database. g. Pursuant to reference (b ), PF As consists of a medical screening, BCA, and PRT. The medical screening includes the annual periodic health assessment, a semi-annual NA VPERS 6110/3 Physical Activity Risk Factor Questionnaire, and pre-physical activity questions. The BCA is based upon height and weight tables and circumference measurements, when required. The PRT is a series of physical events that assess cardio-respiratory fitness, muscular strength, and endurance, and must be conducted semi-annually by CFLs. (1)CFLs shall be certified by completing an OPNAV approved 5-day CFL certification course within 3 months of assignment as CFL, and shall meet the following requirements: (1) preferably an E6 or above, (2) non-user of tobacco products, (3) overall PRT score of "Excellent" or "Outstanding;" (4) be within Navy BCA standards; and (5) maintain current cardiopulmonary resuscitation qualifications. (2) Circumstances exits in which participation in the PF A, as required by reference (b), may not be possible. The Commanding Officer may waive PRT participation for circumstances, and justification for approved non-participation shall be entered into PRIMS and will not be considered a PF A failure. Authorized non-participation may be granted for members assigned to non-military organizations such as embassies, "one-of­a-kind" duty such as the Personnel Exchange Program, or a joint command without an available qualified CFL or Service equivalent. · (3) Meeting minimum PF A standards are a condition of continued naval service. Members with PF A failures will be subject to administrative actions. Members failing to meet BCA or PRT standards shall participate in a Fitness Enhancement Program. Members failing to meet PF A standards three times in the most recent 4-year period shall be processed for administrative separation from the Navy. h. Each Petitioner, then a member of the Military Sealift Command, Ship Support Unit, , submitted an advocacy letter from their Commanding Officer, who favorably endorsed the requested corrections for each PRIMS record. The Conunanding Officer confhmed that "[s]cores were collected but not uploaded in the PRIMS database." BOARD "A" CONCLUSION Upon review and consideration of all the evidence of record of Petitioners at enclosures (1) through (4), the Board concluded that Petitioners' request warrants relief. In this regard, the Board noted that the Petitioners completed the PF A requirements to the best of their abilities, and to the largest extent possible. However, according to the Commanding Officer, Military Sealift it was not possible to conduct the assessments in accordance with reference (b) because the unit did not have a certified/qualified CFL. The Board determined that, for these two Petitioner's under these circumstances, invoking an exception to policy and granting the relief requested is in the best interest of the Petitioners and the Navy. BOARD "A" RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's record ( docket NR2018000 ) be corrected by updating his PRIMS record Cycle 2, 2016 to reflect a passed BCA and to reflect the data provided on 7 December 2016 NAVPERS 6110/11 (enclosure (1)). Petitioner's record (docket NR2018000 ) be corrected by updating his PRIMS record Cycle 2, 2015, and Cycles 1 and 2, 2016 to reflect passed BCAs, and to reflect the data provided on 5 November 2015, 6 May 2016, and 7 December 2016 NAVPERS 6110/11 Forms (enclosure (3)). Any material or entries inconsistent with or relating to the Board's recommendation be corrected, removed or completely expunged from Petitioners' record, that no such entries or material be added to the record in the future. This includes but is not limited to all information systems or data base entries which reference or discuss the expunged material. BOARD "B" CONCLUSION Upon review and consideration of all the evidence of record of Petitioners at enclosures (5) through (8), the Board did not find evidence ofBCA scoresheets and none were provided, even after contacting the Petitioners. The Board noted that reference (b) also requires the signature of an observer on each PRT scoresheet. The Board found no evidence of an observer signature on either of the PRT scoresheets of either Petitioner. Regarding the request submitted in enclosure (5), the Board noted that Petitioner was listed as both an observer and the CFL. Per reference (b), the CFL cannot administer his/her own PRT and the CFL cannot also act as the observer. The Board considered the advocacy letters from the Commanding Officer however, the Board substantially concurred with the AO. The Board noted that Commanding Officer failed to provide the minimum required information [PRT and BCA] to update PRIMS, the letter lacked justification to excuse the missing BCAs and the letter did not provide justification to explain why the Senior Enlisted Advisor violated regulations by acting as both the CPL and participant. The Board therefore determined the BCA for each cycle must accompany the PRT scoresheets, the PRT scoresheets must contain a valid observer signature to update the PRIMS record and the Petitioner in enclosure (5) cannot act as both a participant and CPL. The Board thus concluded the Petitioners requests at enclosures (5) and (7) lack merit, and their PRIMS records shall remain unchanged. BOARD "B" RECOMMENDATION No change be made to Petitioners' PRIMS record for docket NR2018000 and NR2018000 EXECUTIVE DIRECTOR'S CONCLUSION Notwithstanding Board B's conclusion, I finnly believe that all Petitioners request have merit and should receive favorable consideration. In this regard, I concur with Board A's conclusion and recommendation, and determined that all four Petitioners' circumstances were beyond their control. The Petitioners were unable to complete their respective PF A's in accordance with reference (b) because the unit did not have a certified/qualified CFL on . I recommend that invoking an exception to policy and granting full relief on all four Petitioners. Further, reference (b) allows Commanding Officers to waive PRT participation for circumstances such as program mismanagement, and justification for approved non-participation shall be entered into PRIMS and will not be considered a PF A failure. In this regard, I recommend that any portion of the PRT that the Petitioners were unable to furnish proof of their participation in shall be waived. EXECUTIVE DIRECTOR'S RECOMMENDATION Petitioner's record (docket NR2018000) be corrected by updating his PRIMS record Cycle 2, 2016 to reflect a passed BCA and to reflect the data provided on 7 December 2016 NAVPERS 6110/11 (enclosure (1)). Petitioner's record ( docket NR2018000 be corrected by updating his PRIMS record Cycle 2, 2015, and Cycles 1 and 2, 2016 to reflect passed BCAs, and to reflect the data provided on 5 November 2015, 6 May 2016, and 7 December 2016 NAVPERS 6110/11 Fonns (enclosure (3)). Petitioner's record (docket NR2018000 ) be corrected by updating his PRIMS record Cycles I and 2, 2015, and Cycles I and 2, 2016 to reflect waived BCAs, and to reflect the PRT data provided on 21 May 2015, 5 November 2015, 6 May 2016, and 7 December 2016 NAVPERS 6110/11 Fonns (enclosure (5)). Petitioner's record (docket NR2018000 ) be corrected by updating her PRIMS record Cycles I and 2, 2015, and Cycles I and 2, 2016 to reflect waived BCAs, and to reflect the PRT data provided on 21 May 2015, 5 November 2015, 6 May 2016, and 7 December 2016 NAVPERS 6110/11 Forms (enclosure (7)). Any material or entries inconsistent with or relating to the Board's recommendation be corrected, removed or completely expunged from Petitioners' record, that no such entries or material be added to the record in the future. This includes but is not limited to all information systems or data base entries which reference or discuss the expunged material. 5. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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. 6.The foregoing action of the Board is submitted for your review and action.