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NAVY | BCNR | CY2002 | 06678-02
Original file (06678-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION OF  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  D C   20370-5100 

HD: hd 
Docket No:  06678-02 
12 September 2003 

Dear  Petty Offi- 

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  11 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 opinion furnished by  the Navy  Personnel Command dated 
22 February 2003 and  the Memorandum for the Record dated  8 September 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 
injwtice.  In this connection, the Road substantially concurred with  the comments contained 
in  the advisory opinion.  Accordingly, 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 Direcaor 

Enclosures 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

1610 
PERS-3 1 1 
22 February 2003 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  PERSBCNR Coordinator (PERS-OOZCB) 

Subj : 

Ref  (a)  BUPERSINST 16 10.10 EVAL Manual 

Encl:  (1)  BCNR File 

1.  Enclosure (1) is returned.  The member requests the removal of his performance evaluation 
for the period 16 November  1996 to 10 November 1997. 

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 Detachment of Individual/Regular report.  The member alleges 
the report is unjust because his input was not documented in the report and some opinions are not 
supported by  facts.  It  is unclear what the member means,  some opinions are not supported by 
facts. 

c.  Reference (a), Annex S, paragraph S-3 states, "A member has the right to submit fitness or 
evaluation report input, and has the duty to do so if requested by the rater or reporting senior".  It 
is  the  reporting  senior's  determination  as to  whether  helshe  will  use  inputs  received  for 
performance evaluations.  In whatever manner the report is developed, it represents the judgment 
and  appraisal  of  the  reporting  senior.  The  reporting  senior  clearly  explains  in  block-43 
(Comments on Performance) his reason  for writing the report  as he did.  The report  is a valid 
report. 

d.  The member does not prove the report to be unjust or in error. 

3.  We recommend the member's record remain unchanged. 

Performance 
Evaluation Branch 

8 September 2003 

MEMORANDUM  FOR  THE  RECORD 

I 

Subj:  YN1  (

s

w

u- 

/

~

 

1.  This memorandum  for the record is to document a phone 
conversation between a member  of this staff and the Petitioner, 
who indicated that he had nothing  further to offer and that his 
case should go before  the Board  as is. 



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