DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 01225-08
22 September 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 18 September 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
21 May 2008, 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.
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,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1610
PERS-311
21 May 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERS/BCNR Coordinator (PERS-31C)
Ref: (a) BUPERSINST 1610.10 (EVALMAN)
Encl: (1) BCNR File 01225-08 w/Service record
1. Enclosure (1) is returned. The member requests the removal or revision of his fitness
evaluation report for the period 3 June 2003 to 22 August 2003. Additionally, the member
requests his fitness evaluation report be replaced with an Operational Commander report for that
period.
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.
The report is signed by the member acknowledging the contents of the report and his right to
submit a statement. The member indicated on the report that he did not intend to make a
statement.
b. The report in question is a non-adverse, Detachment of Reporting Senior/Regular report.
The member believes the fitness report should be removed as he was in a different operational
command and he was provided with an operational commander report for that period.
Additionally, if the fitness report is not removed and replaced he requests that the fitness report
be changed to a Not-Observed report.
c. The report is a valid report. Only one regular report is authorized to document a reporting
period.
d. Reference (a), Annex F, page F-1, subparagraph F-5 requires the Operational Commander
Report to be forwarded to the member’s regular reporting senior. The regular reportin g senior
cannot endorse it as a regular report but can comment in a subsequent regular report. Operational
Commander Fitness reports provide a supplemental record of performance, as observed by their
operational commander. Reference (a) does not stipulate how long a member or reporting senior
has to be on board to submit graded authorized reports such as the Detachment of reporting Senior
report. Reference (a), Annex G, page G-1, subparagraph G-2, allows reporting senior’s to submit
graded report on member’s if any fair and meaningful evaluation or recommendation can be made.
e. The reporting senior is charged with commenting on the performance or characteristics of
each member under his/her command and determine what material will be included in a fitness
report. The comments and performance trait marks assigned on a report are at the discretion of
the reporting senior. The evaluation of a member’s performance and making recommendations
concerning suitability for appointment and assignments are the responsibility of the reporting
senior.
f. The member does not prove the report to be unjust or in error.
3. We recommend the member’s record remain unchanged.
A,
HN ID RRANTZ
y Direction
NAVY | BCNR | CY2007 | 07681-07
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. F The reporting senior has submitted, and we have accepted a supplemental fitness report fom entry in member’s OMPF and it has been posted to member’s PSR g. The member does not prove the report to be unjust or in error. We recommend no further action be taken by the Board for Corrections of...
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 | CY2006 | 07367-06
The Board also considered your letter dated 16 January 2007.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. Subsequently, the member’s record was reviewed and he was selected for promotion to the grade of Lieutenant Commander, with this report in his record. h. If directed by the Board for Correction of Naval Records, PERS-3 11 will accept a...
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 | 07858-07
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. Administrative changes correct the administrative blocks of the fitness or evaluation report. We recommend no further action be taken by the Board for Corrections of Naval Records as the member’s record has already been corrected administratively.
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 | CY2007 | 08296-07
Additionally, the member requests the fitness reports be replaced with the correct original report. f. The reporting senior has submitted, and we have accepted a supplement fitness report for entry in member’s OMPF and it has been posted to member’s PSR.g. We recommend no further action be taken by the Board for Corrections of Naval Records as the member’s record has already been corrected administratively.
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 | CY2006 | 09261-06
In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command dated 3 February 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. The fitness report in block 29, does not include time served as a Sales Officer, enclosure (1) has appointment letter as a Helicopter Control officer...
NAVY | BCNR | CY2005 | 04311-05
Pursuant to the provisions of reference (a) , Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 16 September to 12 November 2004 (copy at Tab A). By memorandum of 18 April 2005 (copy in enclosure (1)), the general court-martial authority (GCMA) concluded “the issue is moot” in light of Petitioner’s command’s message to the Navy Personnel Command (NPC),...