DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 NAVY A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
SMC
Docket No: 05666-00
8 March 2001
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 8 March 2001. 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 November 2000, 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. They noted that under Bureau of Naval Personnel Instruciion
1610.10, enclosure (2), Annex A, for a summary group of 35 chief petty officers, the
maximum number the reporting senior may mark "Early Promote" is seven, and tho
maximum total for "Early Promote" and "Must Promote" is 18. 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 demonshate the existence of probable material emr or
injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure .
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380SS-0000
1610
PERS-3 1 1
2 1 November 2000
MEMORANDUM FOR THE EXECUTIVE DIRECT.OR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERSBCNR Coordinator (PERS-OOZCB)
Subj: B
-
I
'
S
Ref: (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests block-43 be changed to reflect 16
Promotable, 12 Must Promote, and 7 Early Promote on his fitness report for the period 16
September 1998 to 15 September 1999.
2. Based on our review of the material provided, we find the following:
a. A review of the member's headquarters record did not reveal the report in question to be
on file. The report was received , however, it was rejected due to incorrect summary group. The
reports were returned to the reporting senior for correction and resubmission. The reports were
returned, however, the summary group was still incorrect. We are in the process of returning the
reports again for correction.
b. Chi
questing that block-43 (summary) be changed to reflect 16 Promotables,
12 Must Promotes, and 7 Early Promotes. We can not administratively make the changes the
member request on a fitness report.. Only the reporting senior who signed the original report may
submit revised material for file in the member's record.
c. Per reference (a), Annex (A), the summary group should read 17 Promotables, 11 Must
Promotes, and 7 Early Promotes. Once the reporting senior has corrected the summary block,
Chi-record
will be corrected to reflect the correct change.
d. The member does not prove the report to be unjust or in error
~ & d , Performance
Evaluation Branch
NAVY | BCNR | CY2001 | 08557-01
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NAVY | BCNR | CY2001 | 08041-00
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NAVY | BCNR | CY1998 | NC9802722
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NAVY | BCNR | CY2001 | 04989-01
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NAVY | BCNR | CY1999 | 00087-98
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NAVY | BCNR | CY2001 | 04900-01
In correspondence attached as enclosure (4), Pers-OOJ found evidence of racial bias CONCLUSION: Upon review and consideration of all the evidence of record, notwithstanding the contents of enclosure existence of an injustice warranting the following corrective action: (2), and especially in light of the contents of enclosure (4), the Board finds the RECOMMENDATION: That Petitioner ’s naval record be corrected by removing therefrom the following fitneis reports and related material, including...