DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 0557502
8 September 2003
Dear Chief Warrant 0
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 5 September 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 opinions furnished by the Navy Personnel Command dated
4 February and 11 March 2003, 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 advisory opinion
dated 4 February 2003. The Board was unable to find inconsistency between the marks and
comments of the contested original fitness report. The Board found that the ending date of
this report was properly corrected by means of a fitness report extension, which is on file in
your record with the report. Since the Board found no defect in your performance record as
it appeared before the Fiscal Year 01 and 02 Naval Reserve Chief Warrant Officer 3
Selection Boards, it had no grounds to grant you a special selection board, remove either of
your failures of selection, or restore you to active status in order to have another
consideration for promotion. 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
material evidence or other matter not previously considered by the Board. In this regard,
important to keep in mind that a presumption of regularity attaches to all official records.
and
it is
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,
Enclosures
DEPARTMENT OF THE
NAV Y
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
D
1610
PERS-3 11
4 February 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERSBCNR Coordinator (PERS-OOZCB)
Subj
:
Ref: (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his original fitness report for
the period 1 March 1998 to 30 September 1998 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.
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.
supplemental report; however, the member provided a copy with his petition.
PERS3-11 has not received the
b. The report in question is a Periodic/Regular report.
c. We cannot administratively remove the fitness report in question and replace it with the
report provided with the member
material to fitness reports already on file, not replace them.
’s petition.We provide reporting seniors with the facility to add
d. The supplemental report provided with the member
’s petition is not suitable for filing. Per
reference (a), Annex P, supplementary material must be submitted within two years of the ending
date of the report and be accompanied by a cover letter stating the changes and reason for the
supplemental report. Because the supplement report was not submitted per reference (a), it is
unacceptable for filing.
e. The fitness report has been in CW
cord for over three years. If he believed it
was in error he could have submitted a statement for inclusion in his record.
f. Failure of selection or enhancement of chances for promotion is not sufficient reason to
remove or replace a fitness report.
g. The member does not prove the report to be unjust or in error.
3. We recommend the member
and submitted per reference (a), we will file it in his digitized record.
’s record remain unchanged. When the fitness report is corrected
Performance
Evaluation Branch
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAN D
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
5420
PERS-80
tUR 2003
11
MEMORANDUM FOR
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Assistant for BCNR Matters (PERS-OOZCB
)
Subj
:
REQ
two
AND
USNR,
Ref:
(a) SECNAVINST
14Ol.lB
Encl:
(1) BCNR File 05575-02
1.
Forwarded, recommending disapproval.
CASE OF
sserts that his record as it appeared before the
2 Reserve Chief Warrant Officer
2.
FY
Selection Boards did not represent a fair and accurate portrayal
of his performance.
He feels the report in question resulted in
his failures to select for promotion to
valid and he failed to initiate this removal or change process
with PERS-311 prior to both selection boards being convened, he
is not warranted the relief he seeks via a special selection
board.
3/4 Promotion
CWO3.
As the report was
In summary,
3.
supports his petition.
s failed to provide data that
est should be denied.
Reserve
r Progression
Division
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