DEPARTMENT OF THE N A V Y
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 N A V Y 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
HD:hd
Docket No: 05889-0 1
19 April 2002
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 exec~ltive
session, considered your application on 18 April 2002. 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 19 November 2001 arid
11 February 2002, 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 advisory opinion
dated 11 February 2002. They further noted that you could have forwarded to the promotion
board a copy of your uncorrected titness report for 26 May to 31 V~lubcr. 1999. 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
Enclosures
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERSIBCNR Coordinator (PERS-OOZCB)
Ref: (a) BUPERSINST 16 10.10 EVAI, Manual
Encl: ( 1 ) BCNR File
1. Enclosure (1) is returned. The member requests his fitness reports for the periods 26 May
1999 to 3 1 October 1999 and 1 November 1999 to 3 1 August 2000 be filed in his record
2. Based on our review of the material provided, \ve find the following:
a. A rcvlew of the member's headquarters record revealed the reports in question to bc on
file. They are signed by the member acknowledging the contents of each and his right to submit
a statement. The member did not desire to submit a statement.
b. The reports in question were placed in the member's digitized record on 5 March 2001.
3. The member's petition is being forwarded to PERS-86 for comments on the member's failure
of selection and convening a special selection board.
Evaluation Branch
D E P A R T M E N T OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
5420
Ser P80/0072
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN CASE OF
Encl: (1) BCNR File 05889-01 w/Service Record
1 . We are returning enclosure (1) with the following
observations and the recommendation th
overturn his discharge and reinstate h-in
Reserve be disapproved.
request to
the Naval
that his fitness reports were erroneously
2. -erts
left off of his Performance Summary Report (PSR) and
consequently, not considered by the FY-01 Lieutenant Commander
selection board. He is correct that neither fitness report was
on the PSR at the time of the selection board. However, the
first report (26 May 1999 - 31 October 1999) was invalid (listed
2 EP's vice the allowable 1 EP and 1 MP). This would have
caused the fitness report to be rejected until corrected by the
reporting senior. The second report was not included because
-
/ - W o a r d met prior to the report end date (board convened
i t 5 ay 2000, the report ended 31 August 2000). As for his
d s s e r t i o n that the board was unaware of his drilling status and
assignment to a unit, a review of his record as seen by the
board indicates that was not the case. It is our opinion that
as simply not competitive given the extended period
in the Individual Ready Reserve (IRR).
3. We regret that we were not able to give a favorable response
to
f r
States Navy.
of honorable service to his nation and the United
request. However, this should in no way detract
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