DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 06031-07
14 February 2008
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 14 February 2008. 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
14 August 2007, a copy of which is 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 injustice. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion
except to note you did not expressly allege the contested
fitness report was in reprisal for your complaint, under Article
138, Uniform Code of Military Justice, against the reporting
senior; and while you did provide a copy of the complaint, the
Board did not find an "endorsement subject: Preliminary
Investigation into an Article 138." The Board was unable to
find the contested report was in reprisal for your Article 138
complaint. Further, the Board found no inconsistency between
the report at issue and the reporting senior's endorsement of
6 April 2005 recommending approval of your redesignation to the
intelligence community. 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 P
Executive Dx
NAVY | BCNR | CY2007 | 11211-07
The Board also considered your fax letter dated 20 February 2008.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.Specifically regarding the contested fitness report for 16 September 2005 to 14 August 2006, the Board agreed with you that the reporting senior failed to provide the required narrative justification for the adverse marks assigned. ...
NAVY | BCNR | CY2006 | 05819-06
The member’s statement and the reporting senior’s endorsement are both included in the member’s record. In this case, the reporting senior assigned the member a promotion recommendation of “Promotable,” which in no way equates to deficient performance. Concur with comments and recommendations found in reference (a)2 After examinationDD Form 149, we find no request that is actionable by PERS-480does not request that her failures of selection be removed nor does she request a special...
NAVY | BCNR | CY2007 | 11261-07
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 26 January 2008, a copy of which is attached. The member’s statement and the reporting senior endorsement are both included in the member’s record. As indicated by the reporting senior on the report, the member was TAD during the some of the reporting period.
NAVY | BCNR | CY2007 | 09600-07
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 27 November 2007, a copy of which is attached. The fitness report is a Periodic/Regular report. Should the member desire he may prepare a statement to the record and submit it in accordance with reference (a) and it will be accepted to the member’s official file.
NAVY | BCNR | CY2002 | 07776-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2003. In addition, the Board considered the advisory opinions furnished by the Navy Personnel Command dated 10 February ahd 3 March 2003, the Deputy Assistant Secretary of the Navy (Personnel Programs) letter dated 21 June 2002, Subject: Complaint of Wrongs under Article 138, UCMJ (Uniform Code of Military Justice), and the memorandum for the record dated...
NAVY | BCNR | CY2004 | 09315-04
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’s statement and reporting senior’s endorsement is filed in the member’s record. d. The reporting senior is charged with commenting on the performance or characteristics of each member under his/her command and determines what material will be included in a fitness report.
NAVY | BCNR | CY2008 | 08049-08
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command (PERS - 311) dated 30 September 2008, with e-mail regarding PERS-311 contact with the reporting senior, a copy of which is attached. 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. The member’s statement and the reporting senior’s endorsement to the fitness report are...
NAVY | BCNR | CY2007 | 08254-07
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 15 November 2007, a copy of which is attached. 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. The member states the evaluation report was adverse because of his previous reporting senior contacting the reporting senior at the Transfer Personnel Unit.
NAVY | BCNR | CY2008 | 01127-08
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 10 March 2008, a copy of which is attached. 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. The reporting senior signed the evaluation report on 16 March.
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.