DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 HD:hd
Docket No. 04044-10
11 February 2011
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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. You requested removal of the “special” enlisted
performance evaluation report for 16 March to 3 June 2009.
It is noted that the Navy Personnel Command (NPC) has
administratively modified the contested report and other pertinent
service record entries by removing references to your reduction in
rate and forfeiture of pay, both of which were the subject of
commanding officer’s mitigation of your nonjudicial punishment
awarded on 3 June 2009.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
10 February 2011. 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
NPC dated 21 May 2010, 16 June 2010 with enclosure, 20 July 2010 with
enclosure and 31 August 2010 with enclosure, copies of which are
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 opinions dated 21 May and 20 July 2010 in
concluding that the contested report, as modified, should stand. In
view of the above, your application for relief beyond that effected
by NPC 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 PFEIFRER
Executive Dir
Enclosure
NAVY | BCNR | CY2010 | 11858-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2011. The Board was unable to find that your circumstances prevented you from availing yourself of your opportunities to defend yourself or pursue redress regarding the contested performance evaluation reports. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 01974-11
You requested that the fitness report for 13 June 2009 to 16 March 2010 be removed and that the report for 17 March to 30 June 2010 be removed or modified to make it “not observed.” A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 April 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable...
NAVY | BCNR | CY2011 | 03701-11
The Board also considered your counsel’s letters dated 11 November 2010 and 22 April 2011 with enclosure. Since the Board still found no defect in your fitness report record, it had no basis to recommend your advancement to either pay grade E-8 or E-9,. In view of the above, the Board again voted to deny relief.
NAVY | BCNR | CY2011 | 04046-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 August 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 08554-09
The Board further concurred with the advisory opinion in = concluding your selection by the FY 2010 Lieutenant Colonel Selection Board would have been definitely unlikely, even if your record had not included the fitness report CMC has directed removing. request, a Although the Board voted not to modify the fitness report for i July 2005 to 21 June 2006, you may submit the RS’s letter and the RO’s endorsement to future selection boards. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2010 | 09823-10
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested reports for 11 March to 15 July 2009 and 1 August to 30 September 2009; and modifying the report for 1 October 2008 to 10 March 2009 by removing the mark in section A, item 6.c (“Disciplinary Action”) and removing, from the third sighting officer’s comments, “SNM [Subject named Marine] has been the subject of numerous Human Factor Boards and Stan [standardization] Boards; all recommendations from...
NAVY | BCNR | CY2010 | 06793-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 November 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof and applicable statutes, regulations and policies. 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...
NAVY | BCNR | CY2010 | 13125-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2011. In addition, the Board considered the advisory opinion furnished by the Navy Personnel Command (NPC) dated 18 January 2011 with enclosure and the NPC e-mail dated 1 March 2011, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2011 | 03264-11
You further requested reconsideration of your previous request, docket number 12875-10, to remove the fitness report for 30 March to 6 June 2010, which was denied on 21 January 2011. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2011. 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.
NAVY | BCNR | CY2011 | 05336-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2011. Since the Board found insufficient basis to remove or modify the page 11 entry, and you have provided no other new and Material evidence or other matter regarding the previously contested fitness report, the Board had no grounds to remove or modify the report. Consequently, when applying for a correction of an official naval record, the burden is...