DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100

HD:hd
Docket No. 07763-05
4 May 2006

GSM1

Dear Petty Officer

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 4 May 2006. 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 3 November 2005, 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. Your unsupported statement did not convince the Board that the nonjudicial punisliment cited in the contested enlisted performance evaluation report was erroneous or unjust. 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 PFEIFFER
Executive Director

Enclosure

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DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1610
PERS-311
3 November 2005

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

Via:	PERS/BCNR Coordinator (PERS-3LC2)

Subj:	GSM1 (SW/AW)

Ref:	(a) BU7PERSINST 1610.10 EVAL Manual

End:	(1) BCNR File

1.Enclosure (1) is returned. The member requests the removal of his performance evaluation for the period 16 March 1996 to 30 September 1996.

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 I 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 did not desire to submit a statement.

b.The report is a Detachment of Individual/Regular report. The member states the reporting senior indicated the mast would not be put in his record.

c.The report appears to be procedurally correct. The reporting senior may comment or assign performance trait marks based on performance of duty or events that occurred during the period of the report. The contents and performance trait marks assigned are at the discretion of the reporting senior. Nothing provided in the member petition demonstrates that the reporting senior acted improperly, violated requirements, or that the reporting senior abused his discretionary authority in evaluating the member’s performance.

d.Although the member states the reporting senior would redress the NJP he has not provided any documentation that the NIP was set aside.

e.Failure of selection or enhancement of promotion opportunity does not justify removing a report.

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

3.	We recommend the member’s record remain unchanged.

		Performance
		Evaluation Branch

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