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 N A W ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 0894-99
26 August 1999
Dear petty-
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
21 May 1999, and a memorandum for the record dated 28 June and 7 July 1999, copies of
which are 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 advisory opinion.
The Board was unable to find the contested report should have been "not observed," noting
the reporting senior's observation need not be direct. They found the reporting senior's not
having mentioned you were a section leader, assuming that you did perform that duty, did not
invalidate the report at issue. They were unable to find the report shows the wrong person as
your rater, but they found an error in this regard would not invalidate the report; rather, it
would support changing the name shown for your rater. Finally, the Board was unable to
find you were not counseled. In any event, they generally do not grant relief on the basis of
an alleged absence of counseling, since counseling takes many forms, so the recipient may not
recognize it as such when it is provided.
t
In view of the above, your application 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 COYMAMD
5720 INTEORlTY DRIVE
MILLINQTON T N a806 5-0000
1610
PERS-311
21 May 99
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator (PERS-OOXCB)
Ref:
(a) BUPERSINST 1610.10, EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests removal of
her evaluation for the period of 1 December 1995 to 18 May 1996.
2. Based on our review of the material provided, we find the
following:
v
a. A review of the member's digitized record revealed the
report in question to be on file. The member signed the report
indicating she desired to submit a statement; however, a
statement was not received by Pers-322 from the member. The
member provides with her petition a copy of the statement. We
are unable to accept the statement for file due to the commandrs
endorsement being missing. The statement was returned to the
member on 20 May 1999, via the command, requesting an
endorsement.
b. The member alleges that the adverse ~,::~luation in
question was based on numerous misunderstandings and
miscommunications at different levels within the command. The
member feels that the adverse evaluation would not look favorable
for future promotions or officer selections.
c. The report in question represents the judgement and
appraisal responsibility of the reporting senior for a specific
period of time. It is not required to be consistent with
previous or subsequent reports, and is not routinely open to
challenge.
d.
perfor
opportunities for advancement. We do not support changes to the
bases her request on the belief that the
rt in question would interfere with her
S u b j :
-SNR'
record to improve a member's opportunity for advancement or
career enhancement.
e. The member does not prove the report to be unjust or in
error.
We recommend retentio
rt as written.
e
Evaluation Branch
28 JUNE 99
MEMO FOR THE RECORD
TELEPHONE
AVY INSPECTOR GENERA
O
~
SHE WOULD FORWARD RESULTS.
M
R
E
ME THE IG HAD FINALIZED THE COMPLAINT, AND
D
7 JULY 1999 I RECEIVED THE HOTLINE COMPLETION REPORT. IT REVEALS
THAT PET'S ALLEGATION THA
SUBMITTING AN EVALUATION (1 DEC 95 TO 18 MAY 96) NOT WARRANTED BY
HER PERFORMANCE WAS FOUND TO BE UNSUBSTANTIATED.
USED HIS TITLE BY
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