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Member Statement (Eval/Fitrep)
- By JoeNavy Staff
- Published 04/28/2008
- Evals / Fitreps
Member Statement (Eval/Fitrep)
MEMBER INPUT, REVIEW OF RECORD, STATEMENTS, AND APPEALS
Purpose. This article provides information needed by members to understand their rights and responsibilities, and to submit input to reports, review and correct their records, and submit statements and appeals.
Member Responsibilities. Each member is responsible to ensure the continuity of his or her fitness or evaluation report record. Upon reporting to a new duty station, provide the new reporting senior with any Performance Information Memorandum (PIM) or other letter, course certificate, etc., received en route. Officers must also provide the ending date of the last Regular report. If required to report by letter to an assigned reporting senior, promptly submit this letter. If reporting to a civilian or a foreign activity, ensure that the responsible official is aware of the requirement to submit letter reports. Members should also review their records periodically, and take action to correct oversights.
Report Input. A member has the right to submit fitness or evaluation report input, and has the duty to do so if requested by the rater or reporting senior. Member input aids a rater or reporting senior in preparing a timely and complete report.
Review of Enlisted Field Service Record. The enlisted field service record contains the original evaluation reports, supplements and statements for E4 and below, copies of these documents for E5-E9, and the Enlisted Performance Record (Page 9). MILPERSMAN article 5030120 requires that, upon transfer, the field service record be reviewed in the member's presence at the final destination. Enlisted members shall be given access on request to review evaluation reports and related Page 9 and Page 13 entries. Discrepancies shall be promptly investigated and resolved.
Review of BUPERS Record. All members (E5 and above) should periodically review their BUPERS records. Complete this review at least 6 months prior to any board convening date to allow time to correct discrepancies. a. Image Record (Microfiche Record). The BUPERS image file contains the BUPERS copy of each fitness or evaluation report (E5 and above), and other selected documents. The member can review this record in microfiche form. To request a copy of the record, use the postcard request form, NAVPERS 1070/879 (Rev. 3-93), available from most personnel offices. Only if NAVPERS 1070/879 is not available, address a letter to BUREAU OF NAVAL PERSONNEL, PERS-313, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38055-3110, containing name, rank or rate, SSN, mailing address, and signature. If a pocket microfiche viewer is desired, enclose a check for $4.00, payable to the Treasurer of the United States. The record may also be reviewed in person at the BUPERS Records Review Room, Navy Annex, Arlington, VA. Call ahead to Records Review to avoid a 30-60 minute wait while the record is retrieved. Members wishing to have their records delivered to another person must provide a written authorization bearing the member's name, SSN, and signature, and the name of the authorized person. This authorization may be carried or mailed to BUPERS by the person named. b. Performance Summary Record (PSR). The Performance Summary Record (PSR) provides a summary of each fitness or evaluation report, and other career data. Selection boards use the PSR as an aid in reviewing the microfiche record. To request a copy of the PSR, send a letter to BUREAU OF NAVAL PERSONNEL, PERS-313C1 RECORDS, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38055-3130. Include name, rank or rate, SSN, mailing address, and signature. Do not request the PSR and microfiche in the same letter. These documents must be requested separately. The PSR may also be requested in person at Pers-322, but same-day delivery cannot be provided. (NOTE: The PSR replaces the Officer Summary Record (OSR) and the Enlisted Summary Record (ESR).)
Administrative Corrections. The member may request correction of obvious errors in a fitness or evaluation report, if the reporting senior is not available to submit the request. A member may not request BUPERS to change any evaluative mark or comment, or any administrative data which would place the member in another Promotion Recommendation Summary Group. If there is a discrepancy between a fitness or evaluation report and the PSR, notify Pers-322 by letter, giving the period of the report (FROM and TO dates) and name of the reporting senior. Enclose a copy of the PSR with corrections marked, and a copy of the report if available. (NOTE: Pers-322 can correct only the FITREP or EVAL data. For corrections to the career data on the top sheet of the PSR, see the directions furnished with each PSR.)
Replacement of Missing Reports. Missing fitness or evaluation reports do not disqualify a member before a selection board, but can make the work of the board more difficult. As a minimum, a member should attempt to obtain any missing report covering significant duty in the grades of E5 or above within the past 5 years.
a. Submission of Missing Report. Send a certified copy of the original report, if available, to Pers-322. The copy must display all required signatures, initials, and dates, and must be submitted with a signed cover letter requesting that the duplicate report be filed in the official record. If a signed and dated copy of the report is not available, try to obtain submission or resubmission of the report by the original reporting senior.
b. Member Statement in Lieu of Missing Report. If unable to obtain a Regular report after reasonable effort, submit a one-page letter to CHNAVPERS (Pers-322) explaining why the report could not be obtained, and providing the information which should have appeared in blocks 1-19 and 22-27 of the missing report. The letter may mention qualifications attained during the period, but may not evaluate or grade the member's own performance or include any self-recommendation for assignment or promotion. If the letter is acceptable, BUPERS will file it in the microfiche record. Letters in lieu of Special reports will be accepted only if they fill a gap in Regular report continuity. Letters in lieu of Concurrent or Operational Commander reports will not be accepted.
Statement to the Record. A member may submit a statement to the record about any fitness or evaluation report. The statement must be submitted within 2 years after the report ending date or provide justification acceptable to BUPERS for the delay. The statement and the reporting senior's one-page endorsement will, upon acceptance, be filed in the field service record (E1-E9) and the BUPERS image file (E5 and above).
a. Content of Statement. Statements may be no more than two pages and may not have enclosures. Statements must be temperate, confined to pertinent facts. They may not include accusations or countercharges, and may not question or impugn the motives of the reporting senior or other individuals. Statements may not contain a request to modify, remove, replace, or investigate a report. Such requests may be made only as part of one of the appeal processes discussed in this article. Include justification if the statement is submitted more than 2 years after the ending date of the report.
b. Submission of Statement. For reports on E5 and above, address the statement to Chief of Naval Personnel via the reporting senior who submitted the original report, or in the case of a Concurrent report, via the concurrent and regular reporting seniors. If unable to obtain the original reporting senior's endorsement after reasonable effort, submit the statement directly to CHNAVPERS with a cover letter explaining why the endorsement could not be obtained.
c. Endorsement of Statement. The reporting senior must endorse and forward any statement within 10 days, but the endorsement may recommend that the statement not be accepted for file. The endorsement must be limited to one page. Raters and senior raters may not endorse member statements.
Statement Concerning Adverse Report. A fitness or evaluation report containing adverse matter must be referred to the member for a statement. All requirements for a statement to the record apply to a statement on an adverse report.
a. Submission of Statement with the Report. A member who desires to make a statement for submission with the report shall mark the box labeled "I intend to submit a statement" in EVAL block 51 or FITREP block 46. The commanding officer will provide the member with reasonable clerical support and access to records. The member shall provide the statement to the reporting senior within 10 days after seeing the report. The reporting senior may allow a short extension, but the report must be submitted in time for any selection board for which the member may be eligible. Do not delay an entire summary group while the member's statement is being prepared and endorsed. Submit an advance copy of the report, unsigned by the member, clearly labeled "UNSIGNED ADVANCE COPY - MEMBER PREPARING STATEMENT." A member may submit an additional statement concerning the reporting senior's endorsement, but submission of the original report, statement, and endorsement will not be further delayed for this purpose.
b. Declination to Submit Statement. A member who does not wish to make a statement concerning adverse matter must decline in writing. This is normally accomplished by marking the box labeled "I do not intend to submit a statement" in EVAL block 51 or FITREP block 46. The signature does not imply agreement with the report, but merely acknowledges that the member has seen the report and is aware of the right to submit a statement. A statement may still be submitted within 2 years after the report ending date. A member who fails to sign an adverse report after being given an opportunity to do so, or fails to submit a statement within a reasonable time after indicating an intent to do so, will be presumed to have declined to submit a statement. Enclose a letter of explanation with the report.
c. BUPERS Request for Statement. BUPERS may send a report to the member with a request for a statement. The member must respond to this request, and either submit a statement or decline to do so in writing. Failure to respond within the specified time will be considered a declination to submit a statement, and the report will be filed in the official record.
Communications with Selection Boards. A member eligible for consideration by a selection board may communicate in writing with the board. If a fitness or evaluation report is enclosed, it will be reviewed for validity before being presented to the board. Procedures for communicating with officer boards are contained in MILPERSMAN articles 2220110 and 2220120. Procedures for communicating with enlisted boards are contained in BUPERSINST 1430.16D, Advancement Manual, enclosure J, "The E-7 and E-8/9 Enlisted Selection Boards." These procedures must be carefully observed.
a. Content. Communications should not dispute opinions but should briefly clarify the record and/or present relevant facts or documents not otherwise available to the board. If correspondence is enclosed or there are endorsements on the communication, the member must certify in writing that they are to be presented to the board. Communications and enclosures are not retained in the member's record or submitted to subsequent boards. Copies of missing reports must be furnished separately to Pers-322 for inclusion in the permanent record.
b. Forwarding Communications. Address communications to officer promotion selection boards to the President, (Fiscal Year, Grade, Line or Staff, Active or Reserve) Selection Board, Bureau of Naval Personnel (Pers-85 for active duty boards, Pers-86 for Reserve boards), 5720 Integrity Drive, Millington, TN 38055-(8500 for active duty boards, 8600 for Reserve boards). Address communications to enlisted promotion boards as specified in the message announcing the board. For communications to other boards, use the appropriate board title and the Pers-code of its BUPERS sponsor. Do not forward via the chain of command.
Appeals. If a member believes that a fitness or evaluation report is inaccurate, unjust, or wrongly submitted, he or she should first discuss the matter with the reporting senior. The reporting senior may, if justified, submit an administrative change or supplementary material. Article 1151, U.S. Navy Regulations, 1990, also provides authority for the request mast, at which questions concerning fitness and evaluation reports may be raised with the commanding officer. If these remedies have been exhausted, and the matter cannot be explained in a statement to the record or communication to a selection board, the member may request that a report be investigated, modified, removed, or replaced through one of the following appeal procedures:
a. Article 1126, U.S. Navy Regulations, 1990 - Correction of Naval Records. Under provisions of this article, a member may petition the Board for Correction of Naval Records (BCNR) for correction of error or removal of injustice in a fitness or evaluation report. Petitions must be submitted on DD 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S.C., Section 1552. This form is obtainable locally or by request to the BCNR, Washington, DC 20370-5100. Upon presentation of satisfactory evidence by the member concerned, the BCNR may recommend to the Secretary of the Navy that the record be changed. If the petition is to be considered and resolved prior to the convening of a selection board, the petition should be received by the BCNR at least 4 months before the board convenes. The BCNR normally will not act on a petition if any other type of appeal is pending or in progress.
b. Article 1150, U.S. Navy Regulations, 1990 - Redress of Wrong Committed by a Superior, and Article 138, Uniform Code of Military Justice - Complaints of Wrongs. Under provisions of these articles, a member may submit a complaint against a superior officer. The complaint may include a request to revise, remove, or replace a fitness or evaluation report. Submit complaints in the manner prescribed by article 1150, U.S. Navy Regulations, 1990, and JAGMAN, chapter III. Complaints involving fitness or evaluation reports must be submitted within 90 days from the time the member knows of the report's submission, or within 1 year after it is submitted, whichever is earlier. If relief is granted, the general court-martial convening authority granting relief may submit supplementary material or direct the original reporting senior to do so, and may direct the removal of all or part of the original report. In this case, forward the entire decision package, including the supplementary material, via the Chief of Naval Personnel (Pers-06), who will effect the relief per JAGMAN, paragraph 0308.f.
c. Privacy Act. Under the provisions of the Privacy Act, a member may request that a fitness or evaluation report be amended if the report is inaccurate. Amendments are limited to correction of factual matters only. Matters of opinion, such as grades and comments by the reporting senior, are not subject to amendment under these provisions. Prepare Privacy Act amendment requests as specified in SECNAVINST 5211.5D, and submit to the Chief of Naval Personnel (Pers-06) via the reporting senior. The reporting senior should forward the request along with a recommendation regarding granting or denying the request within 10 days of its receipt.
Appeals Based on Acquittal, Finding of Not Guilty, Set-Aside, or Reversal. If a member believes that any portion of a fitness or evaluation report is invalid due to an acquittal, finding of not guilty, set-aside of nonjudicial punishment, or reversal on appeal, the member should initiate a petition to the BCNR. Even though the reporting senior may have supplemented the report, the original report will remain in the record unless removed as a result of appeal by the member concerned.
Review of Reports on Acquisition Workforce Members. Under Public Law 101-510, members of the Defense Acquisition Workforce (AWF) whose reporting seniors are not in the same AWF career field may request a review of their reports by a person in the same AWF career field as themselves. The request may be combined with a statement to the record. Submit the request to the Chief of Naval Personnel, Pers-322, 2 Navy Annex, Washington, DC 20370-3220, via the regular reporting senior (or via concurrent and regular reporting seniors for a Concurrent report). All rules and procedures for submitting and endorsing statements to the record (see above) also apply to AWF review requests. The subject line of the letter must read "FITNESS REPORT ACQUISITION WORKFORCE REVIEW REQUEST." Add "AND STATEMENT" if the letter is also a statement to the record. The endorsement must indicate whether the reporting senior is a member of the AWF, and if so, in what career field. Upon receiving the request, CHNAVPERS will designate the reviewing officer, and will provide a copy of the reviewing officer's comments to the member, via the reporting senior.
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Purpose. This article provides information needed by members to understand their rights and responsibilities, and to submit input to reports, review and correct their records, and submit statements and appeals.
Member Responsibilities. Each member is responsible to ensure the continuity of his or her fitness or evaluation report record. Upon reporting to a new duty station, provide the new reporting senior with any Performance Information Memorandum (PIM) or other letter, course certificate, etc., received en route. Officers must also provide the ending date of the last Regular report. If required to report by letter to an assigned reporting senior, promptly submit this letter. If reporting to a civilian or a foreign activity, ensure that the responsible official is aware of the requirement to submit letter reports. Members should also review their records periodically, and take action to correct oversights.
Report Input. A member has the right to submit fitness or evaluation report input, and has the duty to do so if requested by the rater or reporting senior. Member input aids a rater or reporting senior in preparing a timely and complete report.
Review of Enlisted Field Service Record. The enlisted field service record contains the original evaluation reports, supplements and statements for E4 and below, copies of these documents for E5-E9, and the Enlisted Performance Record (Page 9). MILPERSMAN article 5030120 requires that, upon transfer, the field service record be reviewed in the member's presence at the final destination. Enlisted members shall be given access on request to review evaluation reports and related Page 9 and Page 13 entries. Discrepancies shall be promptly investigated and resolved.
Review of BUPERS Record. All members (E5 and above) should periodically review their BUPERS records. Complete this review at least 6 months prior to any board convening date to allow time to correct discrepancies. a. Image Record (Microfiche Record). The BUPERS image file contains the BUPERS copy of each fitness or evaluation report (E5 and above), and other selected documents. The member can review this record in microfiche form. To request a copy of the record, use the postcard request form, NAVPERS 1070/879 (Rev. 3-93), available from most personnel offices. Only if NAVPERS 1070/879 is not available, address a letter to BUREAU OF NAVAL PERSONNEL, PERS-313, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38055-3110, containing name, rank or rate, SSN, mailing address, and signature. If a pocket microfiche viewer is desired, enclose a check for $4.00, payable to the Treasurer of the United States. The record may also be reviewed in person at the BUPERS Records Review Room, Navy Annex, Arlington, VA. Call ahead to Records Review to avoid a 30-60 minute wait while the record is retrieved. Members wishing to have their records delivered to another person must provide a written authorization bearing the member's name, SSN, and signature, and the name of the authorized person. This authorization may be carried or mailed to BUPERS by the person named. b. Performance Summary Record (PSR). The Performance Summary Record (PSR) provides a summary of each fitness or evaluation report, and other career data. Selection boards use the PSR as an aid in reviewing the microfiche record. To request a copy of the PSR, send a letter to BUREAU OF NAVAL PERSONNEL, PERS-313C1 RECORDS, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38055-3130. Include name, rank or rate, SSN, mailing address, and signature. Do not request the PSR and microfiche in the same letter. These documents must be requested separately. The PSR may also be requested in person at Pers-322, but same-day delivery cannot be provided. (NOTE: The PSR replaces the Officer Summary Record (OSR) and the Enlisted Summary Record (ESR).)
Administrative Corrections. The member may request correction of obvious errors in a fitness or evaluation report, if the reporting senior is not available to submit the request. A member may not request BUPERS to change any evaluative mark or comment, or any administrative data which would place the member in another Promotion Recommendation Summary Group. If there is a discrepancy between a fitness or evaluation report and the PSR, notify Pers-322 by letter, giving the period of the report (FROM and TO dates) and name of the reporting senior. Enclose a copy of the PSR with corrections marked, and a copy of the report if available. (NOTE: Pers-322 can correct only the FITREP or EVAL data. For corrections to the career data on the top sheet of the PSR, see the directions furnished with each PSR.)
Replacement of Missing Reports. Missing fitness or evaluation reports do not disqualify a member before a selection board, but can make the work of the board more difficult. As a minimum, a member should attempt to obtain any missing report covering significant duty in the grades of E5 or above within the past 5 years.
a. Submission of Missing Report. Send a certified copy of the original report, if available, to Pers-322. The copy must display all required signatures, initials, and dates, and must be submitted with a signed cover letter requesting that the duplicate report be filed in the official record. If a signed and dated copy of the report is not available, try to obtain submission or resubmission of the report by the original reporting senior.
b. Member Statement in Lieu of Missing Report. If unable to obtain a Regular report after reasonable effort, submit a one-page letter to CHNAVPERS (Pers-322) explaining why the report could not be obtained, and providing the information which should have appeared in blocks 1-19 and 22-27 of the missing report. The letter may mention qualifications attained during the period, but may not evaluate or grade the member's own performance or include any self-recommendation for assignment or promotion. If the letter is acceptable, BUPERS will file it in the microfiche record. Letters in lieu of Special reports will be accepted only if they fill a gap in Regular report continuity. Letters in lieu of Concurrent or Operational Commander reports will not be accepted.
Statement to the Record. A member may submit a statement to the record about any fitness or evaluation report. The statement must be submitted within 2 years after the report ending date or provide justification acceptable to BUPERS for the delay. The statement and the reporting senior's one-page endorsement will, upon acceptance, be filed in the field service record (E1-E9) and the BUPERS image file (E5 and above).
a. Content of Statement. Statements may be no more than two pages and may not have enclosures. Statements must be temperate, confined to pertinent facts. They may not include accusations or countercharges, and may not question or impugn the motives of the reporting senior or other individuals. Statements may not contain a request to modify, remove, replace, or investigate a report. Such requests may be made only as part of one of the appeal processes discussed in this article. Include justification if the statement is submitted more than 2 years after the ending date of the report.
b. Submission of Statement. For reports on E5 and above, address the statement to Chief of Naval Personnel via the reporting senior who submitted the original report, or in the case of a Concurrent report, via the concurrent and regular reporting seniors. If unable to obtain the original reporting senior's endorsement after reasonable effort, submit the statement directly to CHNAVPERS with a cover letter explaining why the endorsement could not be obtained.
c. Endorsement of Statement. The reporting senior must endorse and forward any statement within 10 days, but the endorsement may recommend that the statement not be accepted for file. The endorsement must be limited to one page. Raters and senior raters may not endorse member statements.
Statement Concerning Adverse Report. A fitness or evaluation report containing adverse matter must be referred to the member for a statement. All requirements for a statement to the record apply to a statement on an adverse report.
a. Submission of Statement with the Report. A member who desires to make a statement for submission with the report shall mark the box labeled "I intend to submit a statement" in EVAL block 51 or FITREP block 46. The commanding officer will provide the member with reasonable clerical support and access to records. The member shall provide the statement to the reporting senior within 10 days after seeing the report. The reporting senior may allow a short extension, but the report must be submitted in time for any selection board for which the member may be eligible. Do not delay an entire summary group while the member's statement is being prepared and endorsed. Submit an advance copy of the report, unsigned by the member, clearly labeled "UNSIGNED ADVANCE COPY - MEMBER PREPARING STATEMENT." A member may submit an additional statement concerning the reporting senior's endorsement, but submission of the original report, statement, and endorsement will not be further delayed for this purpose.
b. Declination to Submit Statement. A member who does not wish to make a statement concerning adverse matter must decline in writing. This is normally accomplished by marking the box labeled "I do not intend to submit a statement" in EVAL block 51 or FITREP block 46. The signature does not imply agreement with the report, but merely acknowledges that the member has seen the report and is aware of the right to submit a statement. A statement may still be submitted within 2 years after the report ending date. A member who fails to sign an adverse report after being given an opportunity to do so, or fails to submit a statement within a reasonable time after indicating an intent to do so, will be presumed to have declined to submit a statement. Enclose a letter of explanation with the report.
c. BUPERS Request for Statement. BUPERS may send a report to the member with a request for a statement. The member must respond to this request, and either submit a statement or decline to do so in writing. Failure to respond within the specified time will be considered a declination to submit a statement, and the report will be filed in the official record.
Communications with Selection Boards. A member eligible for consideration by a selection board may communicate in writing with the board. If a fitness or evaluation report is enclosed, it will be reviewed for validity before being presented to the board. Procedures for communicating with officer boards are contained in MILPERSMAN articles 2220110 and 2220120. Procedures for communicating with enlisted boards are contained in BUPERSINST 1430.16D, Advancement Manual, enclosure J, "The E-7 and E-8/9 Enlisted Selection Boards." These procedures must be carefully observed.
a. Content. Communications should not dispute opinions but should briefly clarify the record and/or present relevant facts or documents not otherwise available to the board. If correspondence is enclosed or there are endorsements on the communication, the member must certify in writing that they are to be presented to the board. Communications and enclosures are not retained in the member's record or submitted to subsequent boards. Copies of missing reports must be furnished separately to Pers-322 for inclusion in the permanent record.
b. Forwarding Communications. Address communications to officer promotion selection boards to the President, (Fiscal Year, Grade, Line or Staff, Active or Reserve) Selection Board, Bureau of Naval Personnel (Pers-85 for active duty boards, Pers-86 for Reserve boards), 5720 Integrity Drive, Millington, TN 38055-(8500 for active duty boards, 8600 for Reserve boards). Address communications to enlisted promotion boards as specified in the message announcing the board. For communications to other boards, use the appropriate board title and the Pers-code of its BUPERS sponsor. Do not forward via the chain of command.
Appeals. If a member believes that a fitness or evaluation report is inaccurate, unjust, or wrongly submitted, he or she should first discuss the matter with the reporting senior. The reporting senior may, if justified, submit an administrative change or supplementary material. Article 1151, U.S. Navy Regulations, 1990, also provides authority for the request mast, at which questions concerning fitness and evaluation reports may be raised with the commanding officer. If these remedies have been exhausted, and the matter cannot be explained in a statement to the record or communication to a selection board, the member may request that a report be investigated, modified, removed, or replaced through one of the following appeal procedures:
a. Article 1126, U.S. Navy Regulations, 1990 - Correction of Naval Records. Under provisions of this article, a member may petition the Board for Correction of Naval Records (BCNR) for correction of error or removal of injustice in a fitness or evaluation report. Petitions must be submitted on DD 149, Application for Correction of Military Record Under the Provisions of Title 10, U.S.C., Section 1552. This form is obtainable locally or by request to the BCNR, Washington, DC 20370-5100. Upon presentation of satisfactory evidence by the member concerned, the BCNR may recommend to the Secretary of the Navy that the record be changed. If the petition is to be considered and resolved prior to the convening of a selection board, the petition should be received by the BCNR at least 4 months before the board convenes. The BCNR normally will not act on a petition if any other type of appeal is pending or in progress.
b. Article 1150, U.S. Navy Regulations, 1990 - Redress of Wrong Committed by a Superior, and Article 138, Uniform Code of Military Justice - Complaints of Wrongs. Under provisions of these articles, a member may submit a complaint against a superior officer. The complaint may include a request to revise, remove, or replace a fitness or evaluation report. Submit complaints in the manner prescribed by article 1150, U.S. Navy Regulations, 1990, and JAGMAN, chapter III. Complaints involving fitness or evaluation reports must be submitted within 90 days from the time the member knows of the report's submission, or within 1 year after it is submitted, whichever is earlier. If relief is granted, the general court-martial convening authority granting relief may submit supplementary material or direct the original reporting senior to do so, and may direct the removal of all or part of the original report. In this case, forward the entire decision package, including the supplementary material, via the Chief of Naval Personnel (Pers-06), who will effect the relief per JAGMAN, paragraph 0308.f.
c. Privacy Act. Under the provisions of the Privacy Act, a member may request that a fitness or evaluation report be amended if the report is inaccurate. Amendments are limited to correction of factual matters only. Matters of opinion, such as grades and comments by the reporting senior, are not subject to amendment under these provisions. Prepare Privacy Act amendment requests as specified in SECNAVINST 5211.5D, and submit to the Chief of Naval Personnel (Pers-06) via the reporting senior. The reporting senior should forward the request along with a recommendation regarding granting or denying the request within 10 days of its receipt.
Appeals Based on Acquittal, Finding of Not Guilty, Set-Aside, or Reversal. If a member believes that any portion of a fitness or evaluation report is invalid due to an acquittal, finding of not guilty, set-aside of nonjudicial punishment, or reversal on appeal, the member should initiate a petition to the BCNR. Even though the reporting senior may have supplemented the report, the original report will remain in the record unless removed as a result of appeal by the member concerned.
Review of Reports on Acquisition Workforce Members. Under Public Law 101-510, members of the Defense Acquisition Workforce (AWF) whose reporting seniors are not in the same AWF career field may request a review of their reports by a person in the same AWF career field as themselves. The request may be combined with a statement to the record. Submit the request to the Chief of Naval Personnel, Pers-322, 2 Navy Annex, Washington, DC 20370-3220, via the regular reporting senior (or via concurrent and regular reporting seniors for a Concurrent report). All rules and procedures for submitting and endorsing statements to the record (see above) also apply to AWF review requests. The subject line of the letter must read "FITNESS REPORT ACQUISITION WORKFORCE REVIEW REQUEST." Add "AND STATEMENT" if the letter is also a statement to the record. The endorsement must indicate whether the reporting senior is a member of the AWF, and if so, in what career field. Upon receiving the request, CHNAVPERS will designate the reviewing officer, and will provide a copy of the reviewing officer's comments to the member, via the reporting senior.
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