DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
NA’IAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
SMC
Docket No: 0709740
7 June 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.
‘on 7 June 200 1. Your allegations of error and injustice
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application
were reviewed in accordance with adlministrative 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.
opinion furnished by the Navy Personnel Command
is attached.
In addition, the Board considered the advisory
dalcd 11 January 2001, a copy of which
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. The Board noted that item 51 of the evaluation report in question
reflects that the block for “I do not intend to submit a statement” has a check mark which
has been blotted out in such a way that the check is
evidence that the block for “I intend to submit a statement “ was intentionally checked. In
light of the above, your application has been denied.
The names and votes of the members
of the panel will be furnished upon request.
In the Board’s view, this is
sti1.l visible.
It is regretted that the circumstances of your case are such that favorable action cannot be
IBoard reconsider its decision upon submission of new
taken. You are
and material evidence or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a
presumpt,on of regularity attaches to all official
entitled,to have the
records. Consequently, when
burden is on the applicant to demonstrate the existence of probable material error or
injustice.
apply:ing for a correction of an official naval record, the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPAFZTMENT OF THE NAV
DF!IVE
3805!5-0000
NAVY
5720 INTEGRITY
MILLINGTON TN
PERSONNEL COMM
AN D
Y
1610
PERS-3 11
11 January 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
Subj:
Ref: (a) BLJPERSINST 1610.10
EVAL, Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests to change block-5 1 on his performance
evaluation for the period 16 November 1996 to 30 September 1997.
2. Based on our review of the material provided, we find the
followitig:
a. A review of the member ’s headquarters record revealed the report in question to be on file.
It is signed by the member acknowledging the contents of the report and his right to submit a
statement. The member indicated he did desire to submit a statement, however, the member
statement and reporting senior
’s endorsement has not been received
.
b. The performance evaluation is a Detachment of Individual/Regular report. The member
states he checked the wrong block concerning his right
t3 submit a statement.
c. Although the member states he checked the wrong block, it does not invalidate or render
the evaluation in error. The member could have checked the box to indicate
submit a statement
endorsement within two years from
filing, NPC would have placed it in
”,and could have submitted a statement with the reporting senior
th,e member ’s digitized record.
t.he report ending date, and if the statement was suitable for
“I do not intend to
d. The member does not prove the report to be unjust or in error.
3. We recommend the
qember ’s r
Performanclz
Head,
Evaluation Branch
’s
’s
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