DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
HD: hd
Docket No: 0712540
10 August 2001
Dear Comm
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, in effect,
removal of your failures by the Fiscal Year (FY) 01 and 02 Line Captain Selection Boards,
leaving in your record your failure by the FY 00 promotion board.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 9 August 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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
6 and 27 March 2001, copies of which are attached.
Documentary material considered by the Board
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
injustice. In this connection, the Board substantially concurred with the advisory opinion
dated 6 March 2001 in concluding that no correction of your fitness report record was
warranted. As they were unable to find the contested original fitness report improperly
marked you, and they were likewise unable to find the letter supplement should have been
Li.ne
submitted sooner, they had no grounds to remove your failures by the FY 01 and 02
The
In view of the above, your application has been denied.
Captain Selection Boards.
names and votes of the members of the panel will be furnished upon request.
or
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 NAV
NAVY
PERSONNEL
COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
1610
PERS-3 11
6 March 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERSBCNR Coordinator (PERS-OOZCB)
Subj: C
Ref: (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
I. Enclosure (1) is returned. The member requests corrections be made to his fitness report for
the period 14 July 1998 to 31 August 1999.
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 tile.
It is signed by the member acknowledging the contents of the report and his right to submit a
statement. The member did not desire to submit a statement.
b. The report in question is a Periodic/Regular report. The member alleges an administrative
error was made on his fitness report in question concerning his promotion recommendation.
c. The member and the reporting senior refer to changes to the fitness report in question as
administrative changes. Changes to trait marks, promotion recommendations and ranking are not
administrative changes. Such action constitutes a supplementation to the original report. We
provide reporting senior
has come to light since the original report was submitted.
’s with the facility to add additional information to fitness reports that
d. The reporting senior has submitted and we have accepted a Fitness Report Letter
Supplement. The Letter Supplement changed the member
“Must Promote ” to “Early Promote. ”A Fitness Report Letter Supplement only adds additional
information, it does not replace an original fitness report.
’s promotion recommendation from
e. Commander Gural states the fitness report in question adversely affected his consideration
We do not support changes of record to
for promotion to 06 on the FY-00 promotion board.
improve a member ’s opportunity for promotion or career enhancement.
f. The member does not prove the report to be unjust or in error.
3. We recommend the member
’s
Hea&erformance
Evaluation Branch
UEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR Coordinator
Ref:
Encl:
-
(a) Pers-311 memo of 6
Mar 01
(1) BCNR File
Enclosure (1)
1.
ref (a) and recommending disapproval
request.
is returned
concurr
5420
Pers 85
27 Mar 01
ings of
NR
The fitness report dated 14 Jul 98
2.
have affected the
FY-00 Active Duty Captain Line Promotion Selection Board, as it
The FY-01 board would have been the first
convened 14 Jan 99.
to review the fitness report in question.
member ’s consideration for promotion
- 31 Jul 99 could not
by the
- 31 Aug 99 fitness report
The member signed the 14 Jul 98
3.
acknowledging the contents and declining the opportunity to
The alleged administrative error was
submit a statement.
recognized only after the failure of selection.
to the fitness report in question is dated 11
the 11 Jan 00 convening of the FY-01 board.
properly screened prior to the board, the error would have been
recognized and attempts to correct it could have been made.
The supplement
Ott 00, well after
If the record were
ecord before the FY-00 and FY-01 boards was
te and provided a substantially accurate and
the member's naval career.
The removal
failure of selection for the FY-00 or FY-01 Active Duty
Captain Line Promotion Selection Boards is not warranted.
of.CDR
BCNR Liaison, Officer Promotions
And Enlisted Advancements Division
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