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 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 08291-98
26 August 1999
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 26 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
19 May 1999, a copy of which is attached.
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 contained
in the advisory opinion. In view of the above, your application has bccrl denied. The names
and votes of the members of the panel 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 WAVY
WAVY CERSO1IWEL COMYIAD
6720 IRTRORITY DRIVE
MILLIWOTOW TW amoss-0000
1610
PERS-311
19 MAY 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
(a) BUPERSINST 1610.10, EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests removal of
her fitness report for the period of 16 September 1996 to 15
September 1997.
2. Based on our review of the material provided, we find the
following:
a. A review of the member's digitized record revealed the
report in question to be on file. The member signed the report
indicating her desire to submit a statement. Per reference (a),
Annex S, paragraph S-8, the member has two years from the ending
date of the report to submit a statement if desired. The member
includes with her petition a copy of the statement to the report;
however, the statement is unacceptable for file due to the
reporting senior's endorsement being missing. The statement was
rejected and returned to the reporting senior,
May 1999, requesting an endorsement to the sta
within 45 days upon receipt of the letter.
on 14
itted
b. The member alleges that the report in question is unjust,
due to not being counseled about her "intimidating and abusive
leadership style." The member provides with her petition a copy
of the mid-term counseling performed on 28 March 1997, which
supports her allegation. However, since counseling can occur at
anytime and in different ways (i.e., written or verbal), written
documentation of counseling is not required; therefore, we are
unable to determine if the member did or did not receive verbal
counseling on her substandard leadership style.
c. The report represents the judgment and appraisal
responsibility of the reporting senior for a specific period of
S u b j :
m
time. It is not required to be consistent with previous or
subsequent reports, and is not routinely open to challenge.
d.
error.
The member does not prove the report to be unjust or in
3. We recommend retention of the report as written.
C-.--- -"--kc
Head, Per o
Evaluation Branch
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