D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 05732-98
24 ~ u d u s t 1999
I
Dear Comm
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 August 1999. 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, your
naval record and applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by the Navy Personnel Command dated
1 February 1999, a copy of which is attached. The Board also considered your letter dated
15 March 1999.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contai &
-
in the advisory opinion. The Board noted that the contested fitness report does not stat&*!
2
were marked "promotable" because you were not eligible for early promotion. In view b' the
above, your application has been denied. The names and votes of the members of the p el
will be furnished upon request.
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 and
material evidence or other matter 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,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
n m PERSONNEL ~OMMAND
5720 INTEGRITY DRIVE
MILLINGTOW TW 3 8 0 5 5 - 0 0 0 0
1610
NPC-3 1 1
1 February 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: NPCIBCNR Coordinator (NPC-OOXCB)
Ref
(a) BUPERSINST 16 10.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his fitness report for the
period 1 November 1995 to 13 June 1996, his statement, and first endorsement from his record.
2. Based on our review of the material provided, we find the following:
a. A review of the members headquarters record revealed the report in question to be on file.
The member signed the report on 12 June 1996 acknowledging the contents of the report and his
right to submit a statement. The member's statement and first endorsement are on file in the
member's record.
b. The member's requested a letter supplement be
the promotion
recommendation. Only the reporting senior who signed the original fitness report may submit
supplementary material for file in the member's record. In his first endorsement, the reporting
senior reiterated his reasons for the report and did not indicate he would submit a letter
supplement or revised report.
issued revising
c. Although a fitness report does not have to be consistent with prior reports, inconsistencies
as significant as those -ase
should have a clear explanation to prevent questions
or speculation by a selection board. The fact that the fitness report for the two previous reporting
periods from the same command (from the same reporting senior) were excellent reports has no
bearing on the fitness report in question. The report is a valid report. Each fitness report
represents the judgment of the reporting senior during a particular reporting period. In this case,
the reporting senior has stated his reason for the report in question.
d. The member does not prove the report to be unjust or in error
3. We recommend the member's r
Head, Perfbrmance
Evaluation Branch
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