DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHlN,GTON  DC 20370-510

0

G

BJ
Docket No: 1945-01
26 December 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. You requested that your
fitness report for 16 April to 10 June 1998 be removed, that your record be corrected to
reflect you were advanced to AFCM (pay grade E-9) effective 16 June 1998, and that your
record be corrected further to show your transfer to the Fleet Reserve on 30 April 1999 was
in the rate of AFCM vice AFCS (pay grade E-8).

The contested fitness report reflects your recommendation for advancement to AFCM, to
which you had been frocked, was removed because you failed to maintain the required flight
qualifications, while knowingly receiving flight duty pay for such qualifications for about 16
months. You contended it was not your fault that you did not maintain flight qualifications,
and that you did not plan or try to deceive anyone.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 December 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 opinions furnished by the Navy Personnel Command dated
11 May 2001 with enclosures, 9 August 2001 and 12 September 2001, copies of which are
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 opinions in concluding no relief was warranted. They were unable to find
any error or injustice in your performance appraisal, nor could they find the withdrawal of
your recommendation for advancement was not justified. 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,

\;y. DEAN PFEIFFER
Executive Director

Enclosures

From:
To:
Via:

(l)PERS-404

404CF

01 May 11

Encl:

(1) Investigation by Command

In my
1.
the case o

2.

Investigation:

nor any errors made in

a.

I spoke at length with C
Commanding Officer of SNM during the time of alleged
errors.
the command.
not even be excusable by an Airman.
honor and credibility was considerably damaged.and he
deserved not to be advanced to Master Chief (E-9).

There was a complete investigation performed at
SNM knowingly committed errors that would
In my opinion his

who was the

98 JUN 05

To:

Approximately 28 April 1998, PN 1 (AW)
Assignment Pay (SD
SDAP. I reviewed it

ue to him receiving a Flee

ad prepared the appropriate Special Duty
for those members entitled to draw
She inquired as to why Master Chief
recertification. I return
t pay. He reported that S
eserve date and added Mas

id not have a folder

dicating his annual flight time and qualifications.

30’April 1998, I inquired with 

ut his paperwork. I
Approximately 
mentation reflecting
explained to him that IG was coming up in 
the flights he had made between January 1997 and April 1998 in order to justify his entitlement
to flight pay. He stated that he would get the time required in order to cover me for IG purposes.
I explained I still needed certified flight documentation for the entire period of time, NOT just
from 30 April 1998 up to IG in September of 1998.

Mas
Septem

Approximately one week later I inquired with 

Mas

regarding the required

e had all the information
e hold up on our 
recertifi
e proper documentation. That
(as far as documentation
Mate

justify his flight time for IG purposes. I  showed 
to me so he wouldhave a
the required documentation to me.   During that same week Master

rmed me that I could decertify him because he chose not to fly any longer.

He stated he had already discussed it with the Executive Officer and decided he did not want to
fly any longer.

tions regarding the requirements to draw flight pay; I checked Master Chief
s to determine if he was actually detailed in a flight status. They indicated
I checked his service record to verify whether the
that he was in fact detailed in that manner.
required page 13 (from last command) stating he had volunteered for duty involving flight time
was there. I found nothing,

Approximately 14 May 1998 I inquired with
LCPO meeting. He turned over documentation to me.
Flight Activity Reports and 
OPNAV 

3760/32F.

twd (2) NATOPS Flight Personnel Training/Qualification Jacket

gain while attending an
Included was: five (5) Monthly Individual

:,r

. l

n more information on

pay. He introduced me to Petty
oked over the documentation that

ad turned in and stated the farthest forward that he could have banked

his time for would have been December 1996. He also stated that a member could bank time
from other commands because flight time was flight time, no matter where a member flew. He
stated a he could not really make to much sense of the paperwork based on the fact that he did
d that some months were missing. He stated as best he could tell,
as at least 15 months in arrears, IF he had not been flying since

998  ‘in 

o,rder to try and retrieve any flight 

Ical
Ma!Zi
cant
and looked into the NALCOMUS computer
this issue and stated that he did not find M
told me that if we could give him EXACT d
OPS and find the flight sheets showing all crewmembers names and provide them to me.

ation he could regarding
e in the system at all. He
r took he could go to base

logs/mcords showing

4s NATOPS Chief, was my point of
e he said  ‘Who? ” He took the SSN

I related this information to Master

d any documentation for that time frame.

After this point, I inquired
rk for January 1997 to April

on 3 June 1998 to r
documentation that
wuld determine anything else regarding M

the 52.2 hours of flight time were applied in a
forward motion th
uld be covered up to May97 and no further.
But without a complete history he could not make a sound decision regarding the 52.2 hours.

covered past May 1997 based on what he saw.

e to my office to look over Master Chief
inal documentation

ere was no way possible tha

a
as

Fr
To

Subj:

LIGHT RECORDS

After reviewing subject members NATOPS Jacket and Service

1.
Record the only flight times found to be prese
May and June of 1998 for a total of 7.6 hours.
should have flown a minimum of 48 hours since January of 1997.
OPNAVINST 3710.74 requires 4 hours per month and 48 hours flown
annually.

Sworn before me on this  

5th day of June 1998, to be true

and correct to the best of my knowledge and belief.

MILITARY  SUSPECT’S ACKNOWLEDGEMENT AND WAIVER OF  

RIGHT

DEPARTMENTOF 

THENaVY

have been advised by

that 

I 

aiii suspected of

I have also been advised that:

& I have the right to remain silent and make no statement at all;

1)
1 Any statement  

admi ‘strative 

proceedjng;

I do make can be used against me in a trial by court-martial or other judicial or

(3)

31-

I have the right to consult with a lawyer prior to any questioning. This lawyer may be a civilian

lawyer retained by me at no cost to the United States, a military lawyer appointed to act as my counsel at
no co

to me, or both;

(4)4

I have the right to have my retained civilian lawyer and/or appointed military lawyer present

intervIe.-r; and

I may terminate this interview at any time, for any reason.

I understand my rights as related to me and as set forth above. With that understanding, I have decided
do not desire to remain silent, consult with a retained or app
time. 
I make-this decision freely and voluntarily. No threats o

that I
at this

Si

D

Witnessed:

/

/

At this time,

I,

desire to make the fol
as set forth above. It is made-with no threats or promises having been extended to me.

.)

.

:

FROM 
SUBJ: 

FL1GH-i ’ 

TIMF!  QUALIFICATION

I CHECKED IN JAN97 WITH 

APPROXIh4ENTLY 58 

I-IRS OF FLIGHT 

TIhdE BANKED .

INMyCOMMuL\ITT

OREVERHAS 

BIZEN 

REc~TlFlCATlON TIME. FOR 

1Y

IN MY SERVICE RECORD 

AF ’ISCAL YEAR . 

(1OCT TO 

1OC-i ’) I KNEW THAT I WAS GOOD

FROM C.O. OF HC-11.1 ASKED DURING 

OCT97. I KNOW I NEED 48 FOR 1998 AND HAVE NOT LOGGED THAT TIME AS OF YET.
NCrr AWARE THAT MAY IS 

THIS 1 BELIEVE IS 
CHECK IN HOW FLIGHT TIME  WAS HANDLED HERE ON STAFF DUTY AND WAS TOLD IT
THE STANDARD 48 HRS 
THRU 
I W -AS 
YEARS I HAVE ALWAYS DONE FLIGHT TIME ON 1 OCT. LAST 
APPROACHED ABOUT A MAY 
RECER~CATION  OR 
HAVING A 
MATTER 
AJRCREWMAN (ESPECIALLY DETACHMENT 
”y,
NLhtERUOS 
MYs ’ELF; INCLUDED) HAVE GONE 
TIME FOR WHATEVER REASON AND PLAYED CATCH UP AT THE 
YEAR_
QUALIFiCATlONS  
CU-RRt3NT
MXDICAL 
I AM AWARE THAT I NEED THE
AND HAVE BEEN THAT WAY 
T ii AND 
ADMLN C -F
SEVERAL WEEKS AGO THAT I WOULD GET CAUGHT UP ON MY TIME BY THE END OF 
FISCALYEAR  
~D~NO'I'-~~SH'I;6~c~~~FORSD~.BET~GONS'I;AF;E;D~~i~
FLYJNG DIFFICULT AND A SECONDARY ISSUE. THIS IS ONE REASON I PLANNNED
MADE 
ON 
LET'I'HISGGIFIHADKNOWNTHATh4AY

TIhdES W ITHOUT FLIGHT
END OF THE 
M y
CHIT ARE 

YEAR3 WAS 
F’LIb3I LOG FOR THAT

NOT

AVATiON PHYS, AND 
DURtNG MY TOUR HERE.

ImNn  TO GET IT. I HAD 

I-N ’FORMXD THE X .0. AND THE 

STGPPiNG,  

BUTIINNOWAYWOUJDHAVE 

SEVEIQlL MONTHS

IE SCHOOLS, 

UP 

DO 

My

’S

CiiTEFS

THE

DEPARTMENT OF THE NAV

Y

NAVY PERSONNEL

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

 

COMkiAND

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERSBCNR Coordinator (PERS-OOZCB)

Subj: AMC

SN(

Refi (a) 

BUPERSlNST 1610.10 EVAL Manual

Encl: (1) BCNR File

1. Enclosure (1) is returned.
period 16 April 1998 to 10 June 1998.

The member requests the removal of his fitness report for the

2. Based on our review of the material provided, we find the following:

a. A review of the member’s headquarters record revealed the report in question to be on file.
“MEMBER

The report is not signed, however, block-46 is annotated with the statement 
REFUSES TO SIGN 

98JUN15”.

b. The fitness report in question is a Special/Regular report. The member alleges the report

was unjust and a misunderstanding that did not warrant the fitness report or the punishment.

c. The report appears to be procedurally correct.

The grades assigned to a fitness report
reflect the reporting senior’s perception of the subordinate’s performance and may certainly be
influenced by incidents that occurred during the period of the report. It is perfectly acceptable
for the reporting senior to evaluate a member’s performance by taking into accounts facts that
have been established through reliable evidence to the reporting senior ’s satisfaction. In this
case, the reporting senior made it clear in block-42 Comments on Performance, the reason for
preparing the report as he did.

d. The member does not prove the report to be unjust or in error.

3. We recommend the member’s record remain unchanged.

~__
Performance
Evaluation Branch

DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 380550000

Y

1430
Ser 811
12 Sep 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL 

RECORDS 

(BCNR)

Via:

Assistant for BCNR Matters (PERS-OOXCB)

Subj:

IN THE
SN, (RE

Ref:

(a) BUPERSINST 1430.163

Encl:

(1) BCNR file 

#01945-01

Based on policy and guidelines established in reference

1.
(a), enclosure (1) is returned recommending disapproval.

Senior Chief

2 .
to his previous selection for advancement to Master Chief,
having been withdrawn.

has requested advancement, due

As stated in reference (a),

the Commanding Officer may
3 .
withdraw the advancement recommendation of a member assigned
to his command.

A fitness report for the period of

998 was submitted, to withdraw
recommendation for advancement.
states Senior Chief
ugust 2001,

oes not prove this
Based on this information, no relief is

f.itness report to be unjust or

.

recommended regarding this

petition.

By direction