DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No: 07093-00
6 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 5 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.
opinions furnished by the Navy Personnel Command dated 1 December 2000 and
24 January 2001, copies of which are attached.
8 March 2001 with enclosures.
In addition, the Board considered the advisory
The Board also considered your letter dated
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 1 December 2000. They were unable to find your fitness report for 1 October 1997 to
31 October 1998 would have been more favorable, had you received mid-term counseling.
For this reason, they had no grounds to grant you a special selection board or remove your
failures by the Fiscal Year 00 and 01 Staff Commander Selection Boards.
above, your application has been denied.
will be furnished upon request.
In view of the
The names and votes of the members of the panel
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
Enclosures
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
Y
5420
Pers 85
1
Dee 00
MEMORANDUM FOR BCNR
Via:
BUPERS/BCNR
Coordinator
Subj
:
LCD
Ref:
Encl:
(a) SECNAVINST
1420.1A
(1) BCNR File 07093-00 of 12
Ott 00
ure (1) is returned, recommending
request for a special board.
disapproval of
s asked BCNR to recommend
a special promotion
-
_
.
Ott 1 to 98
that his fitness report for the period of
Ott 31 is in error because his mid-term
board on the grounds
97
counselina was not
term counsel
disadvantage.
essential to
records indicate that
FY-01 Active Commande
was considered complete and ready for the board's review.
completed and documented. The absence of
lmentation on his fitness report did not
d was not material information
ortrayal of his career.
ecord before the FY-00 and
Promotion Selection Boards
mid-
Board
Recommend disapproval o
4.
should be consulted if
report documentation is needed.
addi
PERS-311
request.
on regarding fitness
Officer Promotions
and Enlisted Advancements Division
DEPARTMENT OF THE
NAV Y
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
5720 INTEGRITY DRIVE
1610
PERS-3 11
24 January 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
Subj: LC
Ref:
(a) BUPERSINST 16 10.10 EVAL Manual
Encl: (1)
BCNR File
1. Enclosure (1) is returned. The member requests correction to his fitness report for the period
1 October 1997 to 3 1 October 1998.
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 fitness report in question is a Periodic/Regular report. The report covers a period of
thirteen months and block-30 indicated counseling was not required.
c. Reference (a), Annex D, paragraph D-4 states;
If the
member received an Observed Regular report ending no more than 3 months prior to the Periodic
report date, the periodic report may be omitted. If omitted, include the period in the next Regular
report.” The reporting senior could have prepared a NOB report for the period 1 October 1997
to 3 1 October 1997. In this case, the reporting senior chose to cover the thirteen-month period in
the member’s next periodic report.
“Omission of Periodic Report.
d. Whether the member was counseled or not, does not invalidate a fitness report. Per
reference (a), Annex C, when a member is presented the fitness/evaluation report for signature,
that is also considered a form of counseling.
e. The member does not prove the report to be unjust or in error.
3. We recommend the member’s record remain unchanged.
Evaluation Branch
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