DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
20370-5100
HD:hd
Docket No: 02908-02
27 January 2003
Dear Command
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
J~anuary 2003. Your allegations of error and
session, considered your application on 24
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
4 November 2002, a copy of which is attached. The Board also considered your letter dated
2 January 2003.
In this connection, the Board was unable to
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
senior actually
injustice.
intended to submit a fully, rather than partially “not observed“ report. They did recognize
that the front side of the report, as it appears in your record, was internally inconsistent, in
that it showed you were among seven officers assigned the highest possible mark in block 51
(“mission contribution”), and block 65 showed seven were recommended for “early”
promotion; yet block 63 was marked, showing you received the less favorable “regular”
promotion recommendation. However, they were unable to determine the appropriate
In view of the above, your application has been
correction to resolve this discrepancy.
denied. The names and votes of the members of the panel will be furnished upon request.
find that the reporting
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
PE RSONNEL C OMMAN
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
D
1610
PERS-3 11
4 November 2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
Subj
: LCD
RET
Ref:
(a) NAVMILPERSCOMINST 16 1 1 . 1 A
Encl: (1) BCNR File
1, Enclosure (1) is returned. The member request corrections be made to his fitness report for
the period 1 March 1990 to 3 1 January 1991.
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 Periodic/Regular report. The member alleges the report should
have been a NOB report.
c. The copy of the fitness report provided with the member
’s petition shows an “X” in
block-
5 1 and a 1 in block-52 to indicate a
Officers Summary Report (OSR) revealed an
Observed ” and 7 in block-52 for number of members recommended for
“X” in block 51 and a 1 in block-52
‘Not Observed ” report. The member ’s digitized record and
“Not
“Early Promote. ”
d. Block-88 (Comments) on both reports states;
“L
s graded as “not observed ” on
this report ”. The reporting senior submitted a Fitness Report Administrative Change letter
requesting to have sixteen graded blocks changed to blank blocks. Per reference (a), Chapter 13,
administrative changes are limited to blocks 1 through 17 and 84.
e. The member and reporting senior refer to the changes requested to the report as
administrative changes. Changes to performance marks, promotion recommendation and ranking
are not administrative changes.
Supplementary material may be submitted as either a Letter-Supplement or a Supplemental
Report. The Letter Supplement is preferred. Supplementary material concerning reports more
Such changes require supplementation of the original report.
than two years old will be accepted only if the reporting senior demonstrates in a cover letter why
the material could not be submitted in a more timely manner.
f. The fitness report has been the member
’s record for over eleven years. They have not
provided, any explanation for failing to make any reasonable efforts to correct the errors before
now.
3. We recommend the member’s record remain unchanged.
Performance
Evaluation Branch
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