DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON,
D.C 20370-5100
SMC
Docket No: 09459-97
7 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, where you requested
modification of your performance evaluation for 15 June 1996 to 15 March 1997 to show you
were recommended for retention, and remove derogatory remarks relating to blocks
36 (“military bearing/character”), 45 (“promotion recommendation”), and 47 (retention
recommendation).
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 6 February 1998, 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 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
material evidence or other matter not previously considered by the Board.
In this regard,
important to keep in mind that a presumption of regularity attaches to all official records.
and
it is
.
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 PERSONNEL
WASHINGTON. D.C. 20370-500
0
IN REPLY REFER TO
1610
Pers-32
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
via:
BUPERS/BCNR Coordinator (Pers-OOXCB)
Subj:
FORMER
.USN
Ref:
Encl:
(a)
(b)
(1)
BUPERSINST 1610.10, EVAL Manual
ALNAV
080/96, DUI/DWI Policy
BCNR File
Enclosure (1) is returned.
1.
his performance report for the period of 15 June 1996 to
15 March 1997.
2.
following:
Based on our review of the material provided, we find the
The member requests removal of
a.
A review of the member's headquarters, record revealed
the report in question to be on file.
the member in block 51 acknowledging the contents of the report
and his rights in accordance with Navy Regulations.
indicates in block 51 that he desires to submit a statement to
one has not been received by Pers-322. In
the report; however,
accordance with 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 report is signed by
The member
b.
The marks,
comments and recommendations contained in the
report are the responsibility of the reporting senior. In
accordance with reference (b), paragraph 1, substantiated
alcohol abuse is to be documented in the member's service record
by specifically addressing it in the member's evaluation.
C .
The report represents the appraisal responsibility of the
reporting senior for a specific period of time.
required to be consistent with previous or subsequent reports and
is not routinely open to challenge.
It is not
The member does not prove the report to be unjust or in
d.
error.
3.
We recommend retention of report as written.
-
-
Subj:
FORME
u
8,
We recommend the member's petition be forwarded to the Head,
(Pers-815/255) for
4.
Enlistment/Reenlistment Incentives Branch
comment on the member's eligibility for a separation bonus.
Evaluation
Division
& Correspondence
2
Y
NAVY | BCNR | CY1999 | 08128-97
member's petition revealed the report to be a not observed because of the member's status as a student. The report contains the required comment in Subj: L , USN, d. Further review of the member's headquarters record revealed a report for the period of 1 July 1996 to 31 January 1997. front of the document is reflected. The report on file is incomplete as only the Since the member included a e. Review of Pers-322 selection board support files revealed an advanced message was sent to the...
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 | 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...
NAVY | BCNR | CY1998 | NC9802722
From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy ., Subj: REVIEW OF NAVAL RECORD d. That any material directed to be removed from Petitioner's naval record be returned to this Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner' s naval record. Reference (c), the reporting senior's statement, appears to contradict itself, in that...
NAVY | BCNR | CY1999 | 03289-98
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. reports are not filed in the headquarters record, our comments are based on an uncertified copy of the report...
NAVY | BCNR | CY2001 | 00156-01
Petitioner again requested removal of both contested fitness reports. The Board finds that Petitioner ’s failures of selection for promotion should be removed. other informal statement by another female officer claiming gender bias and the aforementioned investigation by CINCPACFLT which substantiated Lieutenant Comman II that a Therefore, based on this "preponderan climate of gender bias and perhaps discrimination existed under I recommend the first fitness report in that reporting...
NAVY | BCNR | CY1999 | 00087-98
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". 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...
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 | CY2001 | 06535-00
You requested removal of the performance evaluation report for 3 September 1996 to 15 March 1997, and you impliedly requested retroactive advancement to electronics technician first class previous case, docket number 5948-98, was denied on 9 March 2000. Documentary material considered by the Board consisted of your letter of 12 June 2000 with enclosures, your commanding officer’s undated letter with enclosures, the Board’s file on your prior case, your naval record and applicable statutes,...
NAVY | BCNR | CY1999 | 07502-97
Block 20 (Physical Readiness) reads The grades she received for these making her ineligible for advancement and "F/NS" indicating laims she had a medical waiver from body fat measurements due to medication she was taking which caused weight gain. returned to the medical department to receive a waiver from official body fat measurements. screening would not have changed the outcome, as a medical waiver from body fat measurements was not appropriate for the Fall 1995 PRT cycle.