DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 494-18 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 March 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 and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in OPNAV N170 letter 5420 OPNAV N170 of 6 November 2018 and your response to the opinion. 

A review of your record shows that you entered active duty with the Navy in August 1996. Records show that you failed the 2010 Cycle 2 Body Composition Assessment. On 8 May 2012, you were seen by medical for left lower quadrant pain. You subsequently failed the Physical Fitness Assessment (PFA) when you only performed 32 sit-ups during the core portion of the assessment. On 29 May 2012, you were diagnosed with an unspecified muscle strain by medical. You were eventually discharged from the Navy on 20 July 2012 for failing to meet physical standards based on your PFA failures. 

The Board carefully considered your arguments that you deserve to be issued service credit to allow you to be placed on the retirement list. You assert that you were suffering from an injury during your last PFA and could have been waived by your Commanding Officer based your prior good performance in the core portion of the PFA. Unfortunately, the Board disagreed with your rationale for relief. In making their findings, the Board substantially concurred with the advisory opinion contained in OPNAV N170 letter 5420 OPNAV N170 of 6 November 2018. Specifically, the Board found that no medical waiver was issued to excuse your PFA failure on 24 May 2012. Based on this fact, the Board found no basis for your Commanding Officer to waive your PFA failure based on your past history of performance. While the Board agreed with your statement that you may have been suffering from a muscle strain at the time of the 24 May 2012 PFA, they also noted you were able to perform 32 sit-ups during the PFA. This was strong evidence to the Board that your muscle strain was not serious and did not prevent you from performing sit-ups. In their opinion, your ability to perform 32 sit-ups supported the 8 May 2012 medical decision not to issue you a PFA waiver for the core portion. So based on these findings, the Board concluded the Navy properly determined you failed the PFA on 24 May 2012 and qualified for administrative separation based on your inability to meet physical standards. Therefore, no service credit is warranted in your case. Accordingly, the Board determined that insufficient evidence of error or injustice exists to warrant a change to your record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence 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, 

3/18/2019 
Executive Director