DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC 20370-5100
HD: hd
Docket No: 05223-02
22 April 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.
It is noted that the Navy Personnel Command (NPC) has entered in your naval record both
the reporting senior's letter of 26 February 2002, transmitting the revised enlisted
performance evaluation report for 16 March 1999 to 15 March 2000, and the revised report.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 17 April 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 6 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 reporting senior's statement, some two years after the fact, that
the contested original report was "too harsh" did not persuade the Board that the original
report was either erroneous or unjust. 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 380SS-0000
1610
PERS-3 1 1
6 December 2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERS/BCNR Coordinator (PERS-OOZCB)
Subj: OS2 (S
Ref (a) BUPERSINST 16 10.1 0 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his performance evaluation
for the period 16 March 1999 to 15 March 200 and replace it with a supplemental report for the
same period.
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
with the member's statement and reporting senior's endorsement, the supplemental evaluation
and cover letter.
b. The report in question is a Periodic/Regular report.
c. Although the supplemental report and cover letter was filed in the member's record the
supplemental material was filed in error. There were three members in the summary group,
tli~l~fore, per reft.l,cme (a); all membcrs in the summary group must be supplemented. We have
removed the supplemental report and cover letter and returned it to the reporting senior for
correction and resubmission.
d. Even if the supplemental report had been submitted per reference (a), we would not
recommend the supplemental report replace the original report. We provide reporting seniors
with the facility to add material to report already on file, not replace them. Once the
supplemental material is accepted for file they provide a complete picture of the member's
performance as first evaluated, and then after the reporting senior had the opportunity to
reconsider.
e. When the supplemental report is returned we will have it filed in the member's digitized
record and file the supplementary material for the other members in the summary group.
3. We recommend the member's record remain unchanged except as indicated above.
performance
Evaluation Branch
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