You must give a person on board a command for less than 90 days at the due date of a regular performance rating evaluation an evaluation of Not Observed in all areas. A period of less than 90 days is considered insufficient time for you to make an accurate evaluation of performance. If a member makes a notable contribution to the command within his or her first 90 days on board, you may assign a mark in the area or areas of contribution (for exampIe, Rating Knowledge/ Performance). Mark all other areas Not Ob- served. You will normally evaluate personnel attend- ing schools under a special category called “under instruction. ”   Don’t give people in this status comprehensive performance evaluations. Upon a person’s completion of a course of instruction, submit a “Not Observed—Under Instruction” report. Normally, mark only the trait of military bearing (block 31). If the person has responsi- bilities as a class leader or has a similar leadership position and you have had sufficient time to observe the person (at least 90 days), also mark the traits of directing (block 36) and counseling (block 37). Mark all other traits, plus the overall evaluation block (block 39), Not Observed. Submit an evaluation on all persons who disenroll from any course of instruction for any cause (disciplinary action, inaptitude, etc.), regardless of course duration or cause of disenrollment. Reviewing officials, such as selection boards, must give personnel appropriate professional credit for periods of “Under Instruction” even though they did not receive a comprehensive performance  evaluation. Do not use adverse evaluations or unfavorable comments as an alternative to punishment. Also do not substitute the evaluation process for appropriate disposition under the Uniform Code of Military Justice (UCMJ). However, unless an acquittal has resulted, you can and should comment on misconduct if it pertains to the performance factor or trait being evaluated. Misconduct falls under three basic categories: Category 1. An act of misconduct recorded as a conviction in a civilian criminal trial or a military court-martial or recorded as the subject of nonjudicial punishment under article 15, UCMJ Category 2. An act of misconduct that is not the subject of a completed criminal trial, court- martial,  or  nonjudicial  punishment  (NJP) proceeding but is established through reliable evidence to the satisfaction of the reporting senior Category 3. An act of misconduct that was the subject of a completed criminal trial, court- martial, or NJP proceeding but resulted in an acquittal or a finding of not guilty If misconduct, as defined in the above categories, concerns the performance factor or trait being evaluated, then you may make an appropriate comment in the evaluation. If nonjudicial punishment is being considered, withhold comment on the misconduct until the nonjudicial punishment proceedings are final. If the matter is referred to a court-martial, withhold comment until the findings and the convening authority approves the sentence. If civil authorities are considering prosecution, withhold comment until the trial court makes a determination. In other cases, you may make comments and evaluations based on the underlying misconduct that brings about a military apprehension or civilian arrest. You may make such comments even if that apprehension or arrest did not result in a formal charge, trial by court-martial, or trial in the civilian community. You may comment on underlying misconduct if the charge was not brought to trial because of a grant of immunity from prosecution. A grant of immunity may prevent prosecution, but it does not render the underlying conduct unobjectionable from the standpoint of a member’s performance. Timeliness Dates for submission of evaluation reports are coordinated with significant events in the enlisted career progression. Therefore, commanding of- ficers should meet the submission dates so that an up-to-date performance appraisal is available for these special events. Timeliness of evaluation reports is especially critical in the selection board process where records for selection boards are prepared as much as 2 months ahead of the board’s convening date. Missing or late evaluation reports complicate this process and could unintentionally affect a person’s advancement opportunity. Individual Rights and Responsibilities You have certain rights and responsibilities in regard to your evaluation. For detailed infor- mation about your rights and responsibilities, refer to U.S. Navy Regulations. Remember, you have the right to input information to your 2-14