DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1a0t
ARLINGTON, VA 22204-2490
HD
Docket No: NR2069~-13
15 May 2014 .
Dear Commander aD
This is in reference to your application for correction of your naval
record pursuant to the provisions of titie 10 of the United States
Code, section 2552.
You requested removal of your detachment for cause (DFC) and all
related material, removal of your fitness report for 14 October 2008
to 31 October 2009 and all related correspondence, removal of all
subsequent fitness reports signed by Lieutenant Commander E. J. P---
{1 November 2009 to 31 October 2010 and 1 November 2010 to 31 October
2011) and their replacement with positive documentation to be entered
in your record by the Navy Personnel Command (NPC) (PERS-41),
consideration by a special selection board, award of an additional
year of eligibility for the Surface Warfare Commander - Command
Sereening Board, award of credit fora full Surface Warfare Officer
(SWO) second department head tour, and reimbursement of $10,000 for
your SWO Career Incentive Pay and Critical Skills Retention Bonus.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
15 May 2014. 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 and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinions furnished by the Navy Personnel Command dated
7 May, 9 December and 17 December 2013 and 10 January 2014, 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 advisory
opinions dated 7 May, 9 December and 17 December 2013. Since the
Board found insufficient basis to grant relief regarding your DFC
or fitness reports, it had no grounds for favorable action on any
of your other requests. 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 alli 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,
ROBERT D 4ZSALMAN
Acting Executive Director
Enclosure
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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. The fitness report itself represents the opinion of the reporting senior. Each fitness report represents the judgment of the reporting senior during a particular reporting period.
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