DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAWANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 00163-99
27 October 1999
Dear Comm.
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 21 October 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.
considered the advisory opinion furnished by the Navy Personnel Command dated
26 April 1999, a copy of which is attached. The Board considered your letter dated
15 June 1999 with enclosures.
In addition, the Board
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.
In this connection, the Board substantially concurred with the comments contained
The Board was unable to find that the contested fitness report was incorrect in stating you had
“multiple verbal counseling sessions.” While the captain who submitted the statement at
enclosure (1) to your letter of 15 June 1999 did not consider such discussions to be counseling
sessions, the Board found no requirement for more formal counseling. They noted the
reporting senior stated that you did not have mid-term counseling because you were on leave
from 14 to 25 April 1997 and on temporary additional duty from 28 April to 20 June 1997
(Bureau of Naval Personnel Instruction 1610.10, enclosure (2), paragraph C-S provides that
April, not March as you state, is the month active lieutenant commanders are to receive mid-
term counseling). Finally, the Board found your more favorable fitness report for the
preceding period, from a different reporting senior, did not invalidate the report at issue.
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
O DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILL1N:T0N TN 35055.0000
1~’~‘~‘~
•
1610
NPC-311
26 April 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: NPC/BCNR Coordinator (NPC-OOXCB)
Subj ~
Ref:
(a) BUPERS1NST 1610.10 EVAL Manual
End: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of her fitness report for the
period 1 August 1996 to 30 June 1997.
2. Based on our review of the material provided, we find the following:
a. A review ofthe member’s headquarters record revealed the report in question to be on file.
The member signed the report, acknowledging the contents and her right to submit a statement.
The member indicated in block-46 that she desired to submit a statement. To date, Navy
Personnel Command (NPC) has not received the member’s statement.
In accordance with
reference (a), Annex S, paragraph S-8, the member has two years from the ending date of the
fitness report to submit a statement if desired.
b. The petitioner indicates the fitness report should be removed because the report is unjust
and does not reflect a fair assessment of her performance, lacks constancy, and that counseling
was never provided. In reviewing petitions, which question the exercise of the reporting senior’s
evaluation responsibilities, we must determine if the reporting senior abused his/her discretionary
authority. 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. The petitioner must do more than just assert
the improper exercise of
I do not believe that LCDR
discretion he/she must provide evidence to support the claim.
ne so. The fitness report represents the opinions of the reporting senior.
in the petition shows that the reporting senior acted for illegal or improper
Nothing provide
purposes or that the report lacked rational support.
c. Whether the member was counseled or not does not invalidate the fitness report. The
reporting senior clearly states in the comment on performance section that multiple counseling did
occur and her justification for the performance traits.
1 ~
d. The member does not prove the report to be unjust or in error.
3. We recommend the member’s record remain unchanged.
Evaluation Branch
2
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