DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BIG
Docket No: 733540
28 March 2001
USN
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 28 March 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 opinions furnished by the Navy Personnel Command dated
1 February and 2 March 2001, copies of which are attached. They also considered your
counsel’s letter dated 22 March 2001.
After careful and conscientious consideration of the entire record, the Board found that the
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
CODV
to:
DEPARTMENT OF THE NAV
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
D
1610
PERS-3 1
1 February 2001
I
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
-
Subj: LC
Ref (a)
BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests corrections be made to his fitness report for
the periods 1 November 1995 to 3 1 October 1996 and 1 November 1996 to 18 April 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 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 did not desire to submit a statement.
b. The fitness reports in question are valid reports.
Neither of the reports was considered in
error or unjust prior to the member
’s failure of selection to Commander.
c. The member may request the reporting senior to submit a Fitness Report Letter Supplement
or Supplemental Fitness Report to reflect the changes the member requested. Refer to reference
(a), Annex P, paragraph
P-$_.c&procedures on late submission of supplementary material.
c. The reporting senior also states in
remained on active duty, I would have ra
report cycle. ”
OSselection board; “Had I
-01
r one officer on the next fitness
d. Basically the sole reason for the petition is the member
selection is not sufficient reason to remove or change a fitness report.
.
’s failure of selection. Failure of
e. The member does not prove the report to be unjust or in error.
2
DEPARTMENT OF THE NAVY
BUREAU OF NAVAL PERSONNEL
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
5420
5
Pers 8
02 Mar 01
' MEMORANDUM FOR BCNR
Via:
Subj:
Ref:
Encl:
BUPERS/BCNR Coordinator
(a) PERS-311 MEMO OF 01 FEB
(b)
SECNAVINST
(1) BCNR File
Enclosure (1) is returned
1.
ref (a) and recommending disapproval
special selection board.
1401.1B
2001
concurr
indings
equest for a
of
It is inappropriate to provide an opinion on behalf of a
2 .
selection board.
may have on a selection board's decision is not something that
can be commented on.
The effect that the removal of fitness reports
3 .
Lieutenant Commander Staff Promotion
contain administrative or material
in question were valid, signed reports.
presented before each board was
a substantial1
naval career.
accordance with SECNAV policy and title 10.
Recommend the
4.
a special selection board is not warranted.
ecord before the FY-00 and FY-01 Active Duty
Selec
err0
nd
conside
fair portrayal of the member's
treated fairly and impartially in
member’s record remain unchanged. Per ref (b),
s
did not
ess reports
ecord as
and provided
e
And Enlisted Advancements Division
Officer Promotions
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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.
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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. 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. The member requests correction to his fitness report for the period 1 October 1997 to 3 1 October 1998.
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