Dear: 
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found 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. 
 
Your request has been carefully examined by a three-member panel of the Board, sitting in executive session on 8 September 2020.  The names and votes of the members of the panel will be furnished upon request.  Documentary material considered by the Board consisted of your application and the matters submitted in support of your application.  The Board also considered the 17 July 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) and the 24 July 2017 AO previously furnished by the Director, Physical Readiness Program Office (OPNAV N170), which were 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 correct your Physical Readiness Information Management System (PRIMS) record to reflect that you were medically waived for Physical Fitness Assessment (PFA) Cycle 15-1, and to correct your evaluation report and counseling record for the reporting period 25 April 2015 to 15 March 2016.  The Board did not consider your request to correct your evaluation report and counseling record for the reporting period 16 March 2016 to 1 November 2016 because the evaluation is not in your official military personnel file (OMPF) and it was not included with your application. 
 
The Board considered your contention that your evidence proves that you can pass any cardio standard or optional of the Physical Readiness Test (PRT), that your certificate from the United States Military Apprentice Program shows that you care about your career, and all of the additional evidence you submitted with your application. 
 
The Board, however, determined that you failed to meet the burden of proof necessary to establish an inaccuracy or injustice warranting corrections to your PRIMS record or evaluation.  In this regard, the Board substantially concurred with the AOs that your evaluation is valid as written and filed, and that you do not meet the requirements to remove your PFA failure from the PRIMS record. 
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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,