DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 05844-00
13 April 2001
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.
Y%ur request for removal of your personal statement on entry into the Navy was not
considered, as this request was considered previously and denied on 16 September 1983; and
you have provided no new and material evidence or other matter not previously considered.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 April 2001.
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
9 January 2001, a copy of which is attached. The Board also considered your letter dated
29 March 2001.
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 in
finding that no correction of your fitness report record was warranted.
application has been denied. The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your
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 NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
1610
PERS-3 11
9 January 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL, RECORDS
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
-
Subj: CWO
SN (RET
Ref (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1)
BCNR File
1. Enclosure (1) is returned. The member requests the removal of the following fitness reports
and his statement to the record:
20 December 1997 to 3 1 March 1998
1 April 1998 to 3 1 March 1999
1 April 1999 to 2 July 1999
2. Based on our review of the material provided, we find the following:
a. A review of the member ’s headquarters revealed the reports in question to be on file. They
are signed by the member acknowledging the contents of each and his right to submit a statement.
The member indicated he did desire to submit a statement. The member’s statement to the record
concerning all three fitness reports is properly reflected in his digitized record with the reporting
senior’s endorsement.
b. The member alleges the fitness reports were poorly written, inaccurate, unjust and wrong,
he had no inputs to any of the reports, and he was never counseled.
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 improper exercise of discretion, he/she must
provide evidence to
so. The fitness report
the petition shows tha
lacked rational support.
as done
senior. Nothing provided in
purposes or that the reports
pinion of the reporting
for illegal or improper
I do not believe Chief Warrant
0%
support the claim.
_
_
d. The fitness reports appear to be procedurally correct. The reporting senior may properly
comment or assign grades based on performance of duty or events that occurred during the
reporting period. The evaluation of a subordinate ’s performance and making recommendations
ssignments are the responsibilities of the reporting senior. Chief
ears to base his request on his personal perception of his performance
e. Reference (a), Annex S, paragraph S-3 states; “A member has the right to submit fitness
report input, and has the duty to do so if requested by the rater or reporting senior.
” How or in
whatever manner the fitness report is developed represents the judgment and appraisal authority
of the reporting senior. The reporting senior is the sole judge of which items to use in the report.
f. Counseling of an individual takes many forms. Whether or not Chief Warrant
Ofhcer
(LOI) does not invalidate the fitness
given written, verbal, or a Letter of Instruction
reports.
g. The member does not prove the report to be unjust or in error.
NAVY | BCNR | CY2000 | 08710-00
The fitness report in question is a Periodic/Regular report. The fitness report itself represents the opinions of the reporting senior. Chief as petitioned for advancement to Senior Chief Petty Officer due to a Fitness Report he believes to be unjust.
NAVY | BCNR | CY2001 | 02984-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The fitness report for the period 1 November 1997 to 3 1 October 1998 is a Periodic/Regular report. The report for the period 1 November 1998 to 10 July 1999 is a The member alleges the reports are erroneous and c. In...
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In addition, the Board (NPC) dated considered the advisory opinions furnished by the Navy Personnel Command 5 December 2000 and 29 May 2001, copies of which are attached, and your letters dated 5 March 2001, with enclosures, and 2 July 2001. The member requests the removal of his fitness report for the 15 November 1998 and all negative information and documents 2. ’s ’s c. The reporting senior is charged with commenting on the performance or characteristics of all members under his/her...
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considered the advisory opinions furnished by the Navy Personnel Command dated 5 April, 23 July and 16 August 2001, copies of which are attached. The member requests the removal of the following fitness reports. performance and making recommendations concerning promotion and assignment are the responsibilities of the reporting senior.
NAVY | BCNR | CY2001 | 04169-01
They also considered your counsel's letters dated 25 June 2001 with enclosures, 25 July 2001 with enclosure, and 23 March 2002. 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. In this case, the reporting senior makes it clear in references (b) and (c) and his endorsement to the member's statement his reason for submitting the reports as they did.
NAVY | BCNR | CY1998 | 07995-98
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. The fitness report itself represents the opinions of the reporting senior. The reporting senior stated in his reclama her fitness report was based purely on the member's performance for this reporting period.
NAVY | BCNR | CY2001 | 08041-00
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. The member provided a copy of her statement and reporting senior’s endorsement with her petition. When the member’s statement and reporting senior’s endorsement is returned and found suitable for filing, we will place it in the member’s digitized record.
NAVY | BCNR | CY2003 | 01562-03
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 this connection, the Board substantially concurred with the comments contained in the 2.c, that the applicant “has to show that advisory opinion, except the statement, in paragraph either there is no rational support for the reporting senior’s action or that the reporting senior acted for...
NAVY | BCNR | CY2002 | 05799-01
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. ’s statement ’s evaluation c. In reviewing petitions that question the exercise of the reporting senior ’s action or that the reporting senior acted for an illegal or improper purpose. The fitness report itself represents the opinion of the reporting senior.
NAVY | BCNR | CY2002 | 07954-99
A fitness report is an opinion document that reflects the reporting senior’s evaluation of the officer’s performance. The member requests the removal of his fitness report for the 2. Block 41 of the subject fitness FITREP is being submitted due to a A commanding officer has significant In accordance a commanding officer may submit a The member's argument that the special report is unjust seems 4. to be based on his allegation that the commanding officer used the special report as punishment.