DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
HD:hd
Docket No: 0647040
17 August 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 failure of selection by the Fiscal Year (FY) 01 Naval Reserve Line
Lieutenant Commander Selection Board be removed, and that you be granted consideration
by a special board. Your request for a special selection board was not considered, as you
were selected by the FY 02 promotion board.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 August 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
substa.ntiaIly concurred with the comments contained
in the advisory opinion. They noted that according to paragraph 3 of this opinion, your
fitness report for 1 October 1998 to 31 October 1999 was missing from your record when
you were considered by the FY 01 promotion board. However, they found no indication that
you made any effort to ensure this report would be available to the board; and they noted
that the Electronic Military Personnel Records System (EMPRS) reflects this report was filed
on 15 October 1999, before the promotion board convened on 15 May 2000. 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
.
‘
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
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
USNR
Encl:
(1)
BCNR File 06470-00 w/Service Record
We are returning enclosure (1) with the following
1.
observations and recommendation that Lieutenant
for removal of her FY-01 failure of selection and request of
special board be denied.
reques t
Lieutena
serts that she was not given a thorough
2.
pre-board evaluation of her record by personnel in PERS-311,
312G and 313, whom she contacted prior to the FY-01 Reserve
Lieutenant Commander Line Selection Board.
was informed of two items missing from her record that according
to PERS personnel required attention.
those two items in a letter to the board.
she failed to select that she contacted personnel in PERS-3 and
PERS-86, and that senior officers and civilian personnel
reviewed her record.
civilian personnel determined that there were omissions in her
record that would have made her record
board .
She states that these senior officers and
more complete before the
She asserts that she
She subsequently provided
She asserts that once
Specific reasons for the failure of select are not available
3.
because selection board proceedings are sensitive in nature and
records of deliberations are not kept.
which was substantially complete when reviewed by the board, did
show a gap of missing fitness reports from December 1992 through
August 1995.
in the Individual Ready Reserve and therefore was not receiving
Other gaps in her record were covered by a
fitness reports.
letter transferring her to the Inactive Status List (USNR-S2)
effective 29 September 1995,
Reserve Active Status List effective 05 August 1996.
During this time, her record reflects that she was
and a letter returning her to the
A review of her record,
Subj: R
L
OF
Her fitness report covering the period 01 October 1998 through
31 October 1999 was missing from her record for the board.
Based on a review of her record,
when reviewed by the board.
it was substantially complete
It is unclear what information that PERS-3 or PERS-86
4 .
personnel might
have give
It is our opinion that
not competitive when
The periods of
inactivity,
performance history,
regular Lieutenant fitness reports were most likely contributing
factors to her fail of select.
with the lack of fitness reports to determine a
and the lack of a breakout on her two
.
Lieutenant
5.
and years of contributions; the negative response to
petition does not detract from her honorable service
nation and the United States Navy
an be justifiably proud of her record
her
to this
eserve Officer
Appointments, and
Enlisted Advancement Division
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