Docket No: 11723-19
Ref: Signature date

 
 Dear  : 
 
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 19 November 2020.  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.  The Board also considered the 15 January 2020 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to modify your evaluation report and counseling record (Eval) to reflect “MP” (must promote) vice “P” (promotable), and to correct your  Physical Readiness Information Management System (PRIMS) record to reflect the cardio portion of the physical readiness test (PRT) as “waived.”  The Board considered your assertion that medical staff would not issue you a waiver because they believed your medical issue had been resolved.  You contend that your PRT failures resulted from your misdiagnosed and unresolved medical issues.  You also assert that your PRT failures resulted in block 36 of your Eval being marked as a 1.0, and that your Evals were marked “EP” (early promote) and MP before your injury occurred. 
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted that the corrections requested to your Eval are supplemental changes requiring a letter­supplement for a revised Eval from the original reporting senior.  Additionally, a review of the PRIMS record indicates that you failed PFA Cycle 2-17, which substantiates the validity of the contested Eval.  The Board also noted that there was no evidence in the record, and you submitted none that substantiates your assertion that the cardio portion of your Cycle 2-17 PRT should have been, but was not waived.  
 
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 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 attachés 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,