DEPARTI\?ENT OF THE NAV
BOAfXlJ FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON, D C. 20370-5100
SMC
Docket No:
7 May 1999
0X89-98
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 6 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
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by the Bureau of Naval Personnel dated 24 September 1998, a copy of
which is attached.
In this connection, the Board substantially concurred with the comments contained
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 the advisory opinion. The Board was unable to find your reporting senior erred by
marking you other than “not observed” in block 39 (“leadership”) of the contested evaluation.
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
BUREAU OF NAVAL PERSONNE
5720 INTEGRITY DRIV
MILLINGTON TN 38055-000
L
E
0
IN REPLY REFER T O
1610
Pers-311
24 SEP 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
BUPERS/BCNR Coordinator (Pers-OOXCB)
’
Subj:
HM3
USN, 212-13-1575
Ref:
(a)- BUPERSINST 1610.
10, EVAL Manual
*'Encl:
(1)
BCNR File
Enclosure
1.
of her performance report for the period of 1 September 1996 to
27 November 1996 to an average grade of "3.0".
The member requests modification
(1) is returned.
Based on our review of the material provided, we find the
2.
following:
a.
A review of the member's headquarters record revealed the
member was an E-4 at the time of the report.
reports are not filed in the headquarters record, our comments
are based on an uncertified copy of the report provided with the
member's petition.
Since E-4 and below
b.
Review of the report itself revealed the member's
S-8.b,
with the member indicating she desired to make a
signature,
statement to the report.
The member includes the statement in
her petition; however, per reference (a), Annex S, paragraph S-8
and
reporting senior for inclusion in the member's field service
record.
original reporting senior,
not prepared in accordance with reference (a), it is not
acceptable for file.
The endorsement to the statement was not signed by the
the member shall submit the statement via the
Since the statement was
C .
The member alleges that she was not counseled on her
declining performance as required by reference (a).
counseling on performance is mandatory in accordance with
reference (a), Annex C,
if needed.
written counseling is not required.
Because counseling may occur in different ways,
with more frequent counseling encourage
Mid-term
d.
The report represents the judgement and appraisal
Subj: HM
responsibilities of the reporting senior for specific period of
time.
subsequent reports.
It is not required to be consistent with previous or
e.
error.
The member does not prove
the report to be unjust or in
3.
We recommend retention of the
r-port
written.
as
Performance
Head,
Evaluation Branch
2
NAVY | BCNR | CY2002 | 00511-01
considered the advisory opinions furnished by the Navy Personnel Command dated 5 April, 23 July and 16 August 2001, copies of which are attached. The member requests the removal of the following fitness reports. performance and making recommendations concerning promotion and assignment are the responsibilities of the reporting senior.
NAVY | BCNR | CY1999 | 09459-97
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 1999. 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. The marks, comments and recommendations contained in the report are the responsibility of the reporting senior.
NAVY | BCNR | CY1998 | NC9808707
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 15 April 1999, a copy of which is attached. Therefore, at the time the fitness report was signed by the reporting senior, the reporting senior had no way of knowing that the member...
NAVY | BCNR | CY1999 | 06683-98
The member requests removal of Based on our review of the material provided, we find the 2. following: a. However the report is developed, it represents the He suggests that the d. The member alleges that although he provided his immediate supervisor with a counseling evaluation on himself, he did not receive a formal mid-term counseling for the period in Subj: AF Mid-term counseling on performance is mandatory in question. Naval Records (BCNR) for removal of a detachment for...
NAVY | BCNR | CY2002 | 05262-99
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the three enlisted performance evaluation reports for 16 July to 3 November 1998, 4 November 1998 to 3 February 1999, and 4 February to 3 May 1999. The second opinion recommended that her request be approved, stating that she would have been selected for advancement from Cycle 160,...
NAVY | BCNR | CY1999 | 09083-97
In light of the information contained in the advisory opinion dated 16 April 1998, that the fitness report in question was forwarded for file on 26 August 1954, the Board found this report was probably in your In view of the above, your application has record for at least the been denied. The second gap identified by BUPERS was for the period of 6 April 1949 to 30 June 1949 and on 29 March 1954 BUPERS requested a fitness report from the member's reporting senior. was Subj: CD USNR(RET) We...
NAVY | BCNR | CY1999 | Document scanned on Tue Feb 13 15_32_58 CST 2001
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. The Board considered your letter dated 15 June 1999 with enclosures. For us to recommend relief, the petitioner has to show that either there is no rational support for the reporting senior’s action or that the reporting senior acted for an illegal or improper purpose.
NAVY | BCNR | CY1999 | Document scanned on Fri Sep 22 14_00_29 CDT 2000
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. 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. A review of the member’s digitized record revealed the The member signed the report report in question to be...
NAVY | BCNR | CY1998 | 08291-98
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. 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. The member includes with her petition a copy of the statement to the report; however, the statement is unacceptable...
NAVY | BCNR | CY1999 | 06046-98
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 finding that the reporting senior ’s letter to your physical evaluation board did not contradict the contested fitness report, they noted that he expressly acknowledged, in the report, that the “problem” he cited “has not prevented [you] from continuing to carry out [your] routine medical...