Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 87-98
27 May 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.
Your request to file in your record the concurrent enlisted performance evaluation report for
7 August to 15 November 1997 and amend it to show it is a “concurrent/regular” report
could not be considered, since you did not provide a copy of this report.
,
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 27 May 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by the Navy Personnel Command dated 15 April 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 finding that your contested regular report should not be removed.
Accordingly, your application for such relief has been 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 NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
YlLLlNDTON TN
38055-0000
1610
NPC-311
15 APR 99
BOARD FOR CORRECTION OF
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
Via:
NPC/BCNR Coordinator (NPC-OOXCB)
Subj:
RMl
'USN,
Ref:
Encl:
BUPERSINST 1610.10, EVAL Manual
(1) BCNR File
Enclosure (1) is returned.
1.
his "Periodic Regular"
15 November 1997,
period of 7 August 1997 to
replacin
The member requests removal of
report for the period of 22 July 1997 to
nt" report for the
Based on our review of the material provided, we find the
2.
following:
a.
A review of the member's digitized record revealed the
report in question to be on file.
indicating his desire to submit a statement.
Annex S,
date of the report to submit a statement if desired.
has not been received by NPC-311 from the member.
paragraph S-8,
the member has two years from the ending
The member signed the report
Per reference (a),
A statement
b.
The member alleges that during the entire reporting
period he was assigned TAD from his parent command.
states that he signed a "Concurrent"
on 14 November 1997,
of "Early Promote"; however,
report from his regular reporting senior,
"Periodic Regular"
which he received a promotion recommendation of "Progressing".
The member
report from his TAD command
which he received a promotion recommendation
on 2 December 1997 he received a
C .
The member states that he was assigned TAD for the entire
his regular reporting senior did not
reporting period; therefore,
observe his professional performance.
paragraph E-l, states that a "Concurrent" report provides a
record of significant performance which was not directly
observable by the regular reporting senior.
E, paragraph E-6,
forward any properly submitted "Concurrent" report, or
instead return it to the originator and take its contents
states that the reporting senior may sign and
may
Reference (a), Annex E,
Reference (a), Annex
into
.
Subj:
RM1
, USN
account in the next regular report.
comments in block 43 of the report in question, that the
evaluation being submitted is based on the input from the
member's TAD command.
The reporting senior
d.
Based on our review,
we feel the reporting senior
assigned the member a promotion recommendation of "Progressing"
due to the member's promotion recommendation being withdrawn on
21 July 19981
(NJP) on
date of the report in question.
The member was awarded Non-Judicial Punishment
% months prior to the ending
&~~4?aaP,
which was
EI
a
e .
The promotion recommendation reflected in Block 45
represents the reporting senior's appraisal of the member's
readiness for the duties of the next higher paygrade.
at the discretion of the reporting senior and is not require to
be consistent with other recommendation or routinely open to
challenge.
It is made
f.
error.
The member does not prove the report to be unjust or in
3.
We recommend retention of the
as written.
PerfGrmance
Head,
Evaluation Branch
2
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