DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
BJG
Docket No: 2481-02
22 May 2003
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 22 May 2003. 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 2 December 2002, 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 substantially concurred with the comments contained
in the advisory opinion.
The Board was unable to find the reporting senior (RS) or senior rater disregarded input from
your counselor. The Board found no requirement for the RS to provide comments explaining
the drop in marks from the report that officer had submitted for the immediately preceding
period. Finally, the Board was unable to find the RS omitted from the contested report any
of your accomplishments that should have been mentioned.
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
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1610
PERS-3 1 1
2 December 2002
MEMORANDUM FOR THE EXECUTrVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERSBCNR Coordinator (PERS-OOZCB)
Subj :
Ref: (a) BUPERSINST 1 6 1 0.1 0 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests changes are made to his performance
evaluation for the period 16 November 2000 to 15 November 2001.
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's statement and reporting senior's endorsement is reflected in the
member's digitized record.
b. The report in question is a PeriodicIRegular report. The member request his performance
trait average be changed to 3.86 and his promotion recommendation be changed fiom
"Promotable" to "Must Promote."
c. We cannot administratively make the requested changes to the member's performance trait
marks or change the member's promotion recommendation. Only the reporting senior who
signed the original report may submit supplementary material for file in the member's record.
The member may request the reporting senior to submit a letter supplement or supplemental
evaluation.
d. While the member may disagree with the reporting senior's evaluation, it all comes down
to the requirement that the reporting senior must make a judgment and rank all members in the
In this case there was eighteen members in the summary group and the
summary group.
reporting senior assigned the member a promotion recommendation of "promotable." Such a
ranking does not indicate a failing on the member's part, but rather the reporting senior gave
greater value to the contributions of other members in the summary group
e. The report in question is a valid report. Petty
his request on his
personal perception of his performance during the r
ents, performance
trait marks, and promotion recommendation assigned on a report are at the discretion of the
reporting senior. Nothing provided in the member's petition demonstrates that the reporting
senior acted improperly, violated requirements, or that he abused his discretionary authority in
evaluating the member's performance.
f. Counseling of a member takes many forms. Whether or not the member was given oral or
written counseling. or issued a Letter of Instruction (LOI) does not invalidate a performance
evaluation.
g. We encourage reporting senior's to submit fitness reports and performance evaluation in a
timely manner, however, late submission does not invalidate a report.
h. The member does not prove the report to be unjust or in error.
3. We recommend the member's record remain unchanged.
I 7 mnance
Evaluation Branch
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