DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 08206-00
14 June 2001
Dear Petty Officeiiaaieaiae®
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 the service
record page 13 ("Administrative Remarks") entry dated 11 May 1998 be removed, and that
the enlisted performance evaluation report for 16 December 1997 to 15 November 1998 be
modified by raising the mark in block 36 ("Military Bearing/Character") from "2.0" to "4.0"
and raising the mark in block 45 ("Promotion Recommendation") from “Promotable" to
"Must Promote."
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 14 June 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 3 and 27 April 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. They noted that not only the contested service record page 13
entry, but also the performance evaluation report in question indicates that you took and
failed the Physical Readiness Test in spring 1998. 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
BOC CC
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
1610
PERS-311
3 April 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERS/BCNR Coordinator (PERS-00ZCB)
Subj: §
Ref: (a) PERS-651F memo undated
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests blocks 36 and 45 be changed on his
performance evaluation for the period 16 December 1997 to 15 November 1998.
2. Based on our review of the material provided, we find the following:
a. A review of the member’s headquarters record revealed the performance evaluation 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. To
date, PERS-311 has not received the member’s statement and the reporting senior’s endorsement.
b. The performance evaluation in question is a Periodic/Regular report. The member
requests block-36 be changed from “2.0” to “4.0” and block-45 from “Promotable” to “Must
Promote”. The member alleges he did not fail the spring PRT, as he did not take the test.
c. We concur with reference (a). When the additional information is submitted we will be
able to provide a valid opinion to the member’s petition.
d. The member does not prove the report to be unjust or in error.
3. We recommend the member's record xem
Head, Performance
Evaluation Branch
BALE CL
PEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1700
PERS ~651
27 Apr O1
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Via: Assistant for BCNR Matters (PERS-00ZCB)
Subj: REQUEST FOR INFORMATION IN THE CASE OF
Cr ialiomeiisisoee v1 iliiaitaiaas
Ref: (a) OPNAVINST 6110.1E
Encl : (1) BCNR Case File 08206-00
1. Enclosure (1) is forwarded with comments and recommendations
based on guidance in effect at the time (reference (a)).
2, CT a ee en te removal of the NAVPERS 1070/613 (11 May
133%) documenting a Physical Readiness Program failure becaus¢
he did not participate in a Physical Readiness Test (PRT) during
that period.
3. Commentea.
a. Request for record change (enclosure 1), does not
contain documentation supporting his contention that he did not
ee esee in the PRT identified in the NAVPERS 1070/613 (11°
May 1992).
b. Concurrent evaluation from USS CALIFORNIA (CGN-36)
provided by e mber as justifying removal of the NAVPERS 1070/613
(ll May 1999 ees not indicate that “eam. unable to
participate in or authorized absence from the PRT in question.
4. Recommendations.
y Oe
a. Do not remove NAVPERS 1070/613 (11 May 1998) documenting
PRT failure. ° '
b. Suggest member resubmit request and include endorsement
from reporting senior or commanding officer.
Subj:
RHQUEST FOR INFORMATION IN THE CASE OF
Deputy Director
Morale, Welfare and
Recreation Division
(PERS -65B)
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