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NAVY | BCNR | CY1998 | 08291-98
Original file (08291-98.pdf) Auto-classification: Denied
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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