DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

HD:hd
Docket No: 02285-02
21 February 2003

LCDR

Dear Commander

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 21 February 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 14 November 2002, 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.

Although the Board voted not to file the supplemental report in your record without the required cover letter, you may submit this report to future selection boards.

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
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DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1610
PERS-3l1
14 November 2002

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	PERSIBCNR Coordinator (PERS-O0ZCB)

Subj:  LCDR

Ref:	(a) BUPERSINST 1610.10 EVAL Manual

End:	(1) BCNR File

1. Enclosure (1) is returned. The member requests to remove his original fitness report for the period 7 February 1998 to 30 September 1998 and replace it with a supplemental report for the same 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. It is signed by the member acknowledging the contents of the report and his right to submit a statement. The member’s statement and reporting senior’s endorsement is reflected in he member’s digitized record.

b.	The report in question is a Periodic/Regular report. The member did not provide any specific allegations for the removal of the fitness report.

c.	PERS-3 11 has not received the supplemental fitness report; however, the member provided a copy with this petition. The certified copy provided with the member’s petition is not suitable for filing because it was not submitted per reference (a), Annex P, paragraph P-4.

d.	We will not contact the reporting senior as the member has indicated he has already contacted him to resubmit the report with the appropriate cover letter.

e.	The member does not prove the report to be unjust or in error.

3. We recommend the member’s record remain unchanged. When the report is received with the cover letter and it is suitable for filing we will have it placed in the member record.

							Performance	
							Evaluation Branch

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