DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON. D.C. 20370-5100

BJG
Docket No: 6683-98
25 March 1999

USN

Dear Master Chi

This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10, United States Code, section 1552.

  in executive

A three-member panel of the Board for Correction of Naval Records, sitting
session, considered your application on 24 March 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 opinions furnished by the Navy Personnel Command dated
14 and 29 December 1998 and 12 February 1999, copies of which are attached. They also
considered the Commander Naval Air Force, United States Pacific Fleet serial
memorandum dated 5 February 1999 with enclosures (Integrity and Efficiency Issue (I&E
26-98)). Finally, they considered your letters dated 30 September 1998 and 22 March 1999,
each with enclosure.

 

NOOIG/226

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 dated 29 December 1998.

In light of the report on your I&E issue, the Board could not accept your assertion that the
adverse actions against you were unwarranted.
report states the maintenance material control officer (MMCO), the assistant aircraft
maintenance officer (AAMO), the maintenance officer, and the commanding officer (CO) did
not feel you did a superb job.
The Board was unable to find the adverse actions against you
were prompted by the AAMO in reprisal for your refusal to drop a training program in place
before he reported. Finally, they were unable to find that the CO, who was your reporting
senior, did not take due account of input from the MMCO, your immediate supervisor.

In this regard, they particularly noted that the

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.
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.

In this regard, it is

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosures

DEPARTMENT OF THE NAVY

WAW PERSONNEL COMMAND

5720 

INTEDRITY DRIVE

MILLINDTON TN 

28055-0000

.

1610
NPC-311
14 DEC 98

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

NPC/BCNR Coordinator (NPC-OOXCB)

Subj:

AFCM,

Ref:

Encl:

(a)

(1)

, USN,

BUPERSINST 1610.10, EVAL Manual

BCNR File

Enclosure (1) is returned.

1.
the fitness report for the period of 6 March 1997 to 24 February
1998.

The member requests removal of

Based on our review of the material provided, we find the

2.
following:

a.

A review of the member's headquarters record revealed

the fitness report in question to be on file.
signed by the member indicating his desire to submit a statement
to the report; however,
(a), Annex S, paragraph S-8,
ending date of the report to submit a statement if desired.

one has not been received.

the member has two years from the

The report is

Per reference

b.

The member alleges that there are persons working to

dishonor and to oust him from the Navy regardless of

discredit,
how it gets done.
member's petition we can not determine if the member's allegation
has merit.

Based on   the information provided in the

C .

The member alleges that a personality conflict existed

between him and his immediate supervisor.
reporting senior was influence by the supervisor, which resulted
in an inaccurate assessment of AFCM Leonardi's performance. It
is appropriate for the reporting senior to obtain and consider
information from an immediate supervisor in developing a fitness
report.
judgment and appraisal authority of the reporting senior.

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.
accordance (a), Annex C,
if needed.
written documentation of counseling is not required.

Because counseling may occur in different ways,

with more frequent counseling encourage

e.

The member provides in his petition a letter to

CINCPACFLT Inspector General requesting an investigation be
conducted into his allegation.
Inspector's General's investigation is completed or still
pending.

We can not determine if the

f.

Even though the member does provide supportive

documentation with his petition he does not prove the report to
be unjust or in error.

Based on the information provided in the member's petition we

3.
can not determine if this is a case of reprisal.
the member's petition be forwarded to NPC-61 for comment.
the member's alleqations be found to have merit, we have no
objection removing the

in question.

report

We recommend

Should

Performance
Head,
Evaluation Branch

2

DEPARTMENT OF THE NAVY

NAW PERSONNEL COMMAND

5720 

INTEDRITY-DRIVE

MILLINDTON TN 

28055-0000

1610
NPC-61
29 

Dee  98

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Assistant for BCNR Matters (NPC-OOXCB)

Subj:

AFC

us

Encl:

(1) BCNR File 06683-98 w/Service Record
(2) NAVPERSCOM (NPC-311) Memo 1610 of 14  

Dee  98

AFC

has petitioned the Board for Correction of

1 .
Naval Records (BCNR) for removal of a detachment for cause
evaluation from his Naval record for the period 6 March
1997 to 24 February 1998.
cause and the adverse evaluation are reprisal actions.

He alleges the detachment for

Enclosure  (1) is returned.

2.
inquiry to this office to comment on the allegation of
reprisal.

Enclosure (2) referred the

Based on review of the material provided, the following

3.
is provided:

AFCMsreceived

There is no evidence that  

This is unfortunate for both the member and

a .
his required midterm counseling scheduled for E-9s in
October.
the command, however,
of reprisal for an adverse evaluation.
provided counseling within the time period both
verbally and in writing with recommendations to correct
the deficiencies.

it does not support an allegation

The command had

The member has provided a great amount of

b.
documentation to support a long history of outstanding
performance during his 25-year naval career.
provided a great deal of documentation to illustrate
that a certain amount of teamwork was missing within
his chain of command during his tenure as Maintenance
he does not
Master Chief with VFA 97.
adequately support his allegation of reprisal for his
detachment for cause.

However,

The Commanding Officer felt AFCM

He also

the billet,

leadership abilities were incompatible with
which was his prerogative.

Based upon the information provided, I do not believe

4.
that AFCM

opinion of the Commanding Officer.

was a victim of reprisal.
luation represent the judgment and

The marks and

Commander,
Director,
Relationships Division

U.S. Navy
Professional

DEPARTMENT OF THE NAVY

MILLINDTON TN 

38055-0000

NAW PERSONNEL COMMAND

5720 

INTEDRITY DRIVE

5420
NPC-832C
12 Feb 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

0F  N AVAL  RE CORDS  ( B CN R)

Via:

NPC/BCNR Coordinator (NPC-OOZCB)

Subj:

AFCM

I 

us

Ref:

Encl:

(a) COMNAVAIRPAC ltr 5370 Ser  

NOOIG/209  of 3 Feb 99

(1) BCNR File 06683-98-98
(2) Petitioner's Microfiche Record

The petition and naval records of subject petitioner
1.
have been reviewed relative to his request for removal of
derogatory material.

The review indicates that the elements of this

2.
petition have been thoroughly reviewed and evaluated by the
Therefore, this
COMNAVAIRPAC Force Inspector General.
office interposes no objection to the comments and
recommendations provided in reference (a).

t.he  Head, Enlisted

To 
Performance Branch