DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
HD: hd
Docket No: 09369-02
13 May 2003
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.
Your request for restoration of your lineal number on selection to lieutenant commander was
not considered, as you have not been selected for promotion to that grade.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 8 May 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 5 April 2003, a copy of which is
attached.
After careful and conscientious consideration of the entire recnrd, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error
or injustice warranting correction of your fitness report record. Assuming that the undated
and unsigned letter, ostensibly from your reporting senior, was genuine, the Board was
unable to find he was not justified in submitting the contested special fitness report for
1 November 1997 to 30 March 1998. As the letter-supplement dated 18 April 2002 indicates,
the fact you consumed alcohol before a mental health evaluation, in connection with
volunteering to enter an alcohol treatment program, showed poor judgment. Since the Board
found insufficient basis to remove the special report at issue, it found nothing objectionable
about the reference to that report in the contested report for 31 March to 30 September 1998.
As the Board found no defect in your performance record, it had no grounds to remove your
failures of selection by the Fiscal Year 02 and 03 Naval Reserve Line Lieutenant Commander
Selection Boards. 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 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 NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1610
PEW-3 1 1
5 April 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERS/BCNR Coordinator (PERS-OOZCB)
Subj: ~ w u s M I I Y r ( P i ( l l l *
....
-
Ref (a) BUPERSINST 1 6 1 0.1 0 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his fitness report for the
period 1 November 1997 to 30 March 1998 and 3 1 March 1998 to 30 September 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 reports in question to be on
file. Each report is signed by the member acknowledging the contents of each and his right to
submit a statement. The member did not indicate whether he did or did not desire to submit a
statement for the report ending 30 March 1998. The member indicated he did not desire to
submit a statement for the report ending 30 September 1998.
b. The report ending 30 March 1998 is a SpecialfRegular report and the report ending 30
September 1998 is a Detachment of Reporting Senior/Regular report.
c. A fitness report is unique to the p~riod hzi~lg r\,nluated. The reporting senior is charged
with commenting on the performance or characteristics of each member under hisher command
and determines what material will be included in a fitness report. The contents and grades
assigned on a fitness report are at the discretion of the reporting senior. The report represents the
judgment and appraisal authority of the reporting senior.
d. The member provided a Fitness Report Letter-Supplement with his petition for the report
ending 30 March 1998. The letter supplement provided with the members petition is not
acceptable for filing. The letter is not signed by the reporting senior, and not submitted within
two years after the ending date of the report. Refer to reference (a), Annex P, paragraph P-4.c. for
late submission of supplementary material.
e. Failure of selection is not sufficient reason to remove a fitness report.
f. The member does not prove the report to be l-tnjust or in error.
3. We recommend the member's record remain unchanged.
r donnance
Evaluation Branch
NAVY | BCNR | CY2001 | 08557-01
Although the Board did not vote to insert any of the reporting senior's supplementary material in your naval record, they noted you could submit it to future selection boards. 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. c. We provide reporting seniors with the facility to add material to fitness reports already on file, not replace them.
NAVY | BCNR | CY2002 | 05575-02
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 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.
NAVY | BCNR | CY2003 | 02101-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 October 2003. Having reviewed all the facts of record, the Board has directed that your Naval record will be corrected by removing therefrom the following fitness reports: Date of Report Reporting Senior Period of Report 13 Jul 88 9 Jan 89 Capt Capt P 880414 to 880704 (DC) 880705 to 881231 (SA) 2. The Commandant of the Marine Corps is not empowered to grant or...
NAVY | BCNR | CY2002 | 00839-02
D E P A R T M E N T O F T H E NAVY BOARD F O R C O R R E C T I O N OF NAVAL R E C O R D S 2 NAVY ANNEX W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 BJG Docket No: 839-02 25 February 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD - - Ref: (a) Title 10 U.S.C. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed the requested correction of Petitioner's...
NAVY | BCNR | CY1998 | 08224-98
The Board substantially concurred with the comments contained in the report of the PERB in finding that no correction of your fitness report record was warranted. 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. Subsequently, he unsuccessfully petitioned the Performance Evaluation Review Board (PERB) for removal of the fitness report for the period 970125-970731 and...
NAVY | BCNR | CY1998 | 07639-98
The new statements at enclosures (2) through (4) of your current application, among these a statement from the reviewing officer who acted on your fitness report at issue, did not persuade them that this report should be removed. 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. Subsequently, Major Performance Evaluation Review Board for removal from the record of...
NAVY | BCNR | CY2002 | 00146-02
in the report of the PERB in concluding no correction of your fitness report record was warranted. Removal of the following fitness reports was requested: a. Lieutenant Performance Evaluation Review Board (PERB) denied his request for removal of the Annual fitness reports of 960801 to 970731 and 970801 to 980731. ailed selection on the FY-02 USMC on Board.
NAVY | BCNR | CY2003 | 04367-03
The Board does not, however, agree with the petitioner that complete removal of the Reviewing Officer's comments is warranted. Recommend approval of Majo his failure of selection if t h e e d comments are removed from his record. In our opinion, if the PERB does remove the petitioned comments, it would marginally increase the competitiveness of the record.
NAVY | BCNR | CY1998 | 02618-98
The Board substantially concurred with the comments contained in the report of the PERB in finding that your contested adverse fitness report should not be removed. Regardless, the report under Sub j : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY LIEUTENAN SE OF FIRST USMC consideration is the official report of record and the one to which the petitioner responded. (7) ~ajor- advocacy letter of 23 November 1998 claims he was not aware that the petitioner 'was involved...
NAVY | BCNR | CY2002 | 05223-02
It is noted that the Navy Personnel Command (NPC) has entered in your naval record both the reporting senior's letter of 26 February 2002, transmitting the revised enlisted performance evaluation report for 16 March 1999 to 15 March 2000, and the revised report. 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. c. Although the supplemental...