DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
HD: hd
Docket No: 00899-02
16 October 2002
Dear Lieutena
This is in reference to your application of 1 September 2001 for correction of your naval
record pursuant to the provisions of title 10 of the United States Code, section 1552.
You made a new request to remove your fitness report for 1 February to 20 July 1996. You
also requested consideration by a special selection board, and impliedly requested removal of
your failures of selection by the Fiscal Year (FY) 00 through 03 Staff Lieutenant Commander
Selection Boards. In your previous case, docket number 1969-99, your implied request to
remove your failure by the FY 00 promotion board was denied on 18 November 1999.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your current application on 10 October 2002.
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, the
Board’s file on your prior case, your naval record and applicable statutes, regulations and
policies. In addition, the Board considered the advisory opinion furnished by the Navy
Personnel Command dated 24 August 2002, a copy of which is attached. The Board also
considered your letter dated 4 October 2002 with enclosures.
Documentary material considered by the Board
Your allegations of error
In this connection, the Board substantially concurred with the comments contained
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 the advisory opinion. Your more favorable fitness reports for other periods did not
convince them that the contested report warranted removal.
in your performance record, they still had no grounds to remove your failure of selection by
the FY 00 Staff Lieutenant Commander Selection Board, nor did they have grounds to
remove your failures of selection by the FY 01, 02 or 03 promotion boards or grant you a
In view of the above, the Board again voted to deny relief. The
special selection board.
names and votes of the members of the panel will be furnished upon request.
Since the Board found no defect
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.
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.
In this regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
COMMAND
Y
1610
PERS-3 11
24 August 2002
MEMORANDUM FOR THE
EXECUTlVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
Ref: (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned.
period 1 February 1996 to 20 July 1996.
The member requests the removal of his fitness report for the
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 file.
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 Detachment of Individual/Regular report. The member alleges
the report was not an accurate evaluation of his performance and may have been intentionally
designed to derail his possibilities for promotion and end his naval career.
c. In reviewing petitions that question the exercise of the reporting senior
’s evaluation
responsibilities, we must determine if the reporting senior abused his/her discretionary authority.
For us to recommend relief, the petitioner has to show that either there is no rational support for
the reporting senior ’s action or that the reporting senior acted for an illegal or improper purpose.
The petitioner must do more than just assert the impr
scretion; he must provide
evidence to support the claim. I do not believe Lieute
one so. The fitness report
itself represents the opinion of the reporting senior.
d. The member claims his new department head (command ch
prepared the fitness report. It is appropriate for the reporting seni
and consider information from the member
the reporting senior signed the report and had the overall responsibility for assigning grades and
comments.
that did not know him
obtain
i-t, but
’s department head in
e. The Navy Achievement Medal awarded the member which covers his tour of duty with the
command does not mean that the fitness report is in error.
f. The member has included two letters of support. While these comments add insight and
reflect favorably on the member, they do not show that the fitness report was in error.
g. Lieutenan
states the report in question displayed a negative trend and severely
impacted his competitiveness with his peers and he has failed selection three times. The fact that
the member perceives the report to be career damaging is not sufficient reason to remove a
fitness report.
h. The member does not prove the report to be unjust or in error.
3. We recommend the member
’s record remain unchanged.
Performance
Evaluation Branch
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NAVY | BCNR | CY2001 | 00803-00
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NAVY | BCNR | CY2001 | 08069-00
not go before the Board. his record. uone of one" rating provides However, a The inclusion of this fitness report would likely The first missing fitness report in question (960401-970331) 2. was a favorable report.