DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100 TRG
Docket No:	888-05
16 March 2005

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:	REVIEW OF NAVAL RECORD OF OS2~UhIIIEhIIhIhhUIuI~ USN,

Ref:	(a) Title 10 U.S.C. 1552

End:	(1) Case Summary
(2) Subject’s naval record

1.	Pursuant to the provisions of reference (a), Petitioner, an enlisted member in the Navy, filed an application with this Board requesting that documentation showing a one day period of unauthorized absence be removed from his record.

2.	The Board, consisting of Mr. Lippolis, Mr. Pfeiffer and Mr. Dunn, reviewed Petitioner’s allegations of error and injustice on 1 March 2005 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.	The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:

a.	Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.	Petitioner’s application was filed in a timely manner.

c.	Filed in Petitioner’s record is a Record of Unauthorized Absence (NAVPERS 1070/606), showing that he was an unauthorized absentee from 1400, 6 March, until he surrendered at 1500, 7 March 2002, a period of 25 hours. However, in his performance evaluation for the period ending 15 March 2002, his individual trait average (ITA) was 3.57 with a “must promote” recommendation. There is no mention of a period of unauthorized absence in the evaluation comments. Additionally, there is no record of disciplinary action.

d.	Subsequently, Petitioner was advanced to petty officer
first class (OS1; E-6) and continues to serve in an excellent manner.

e.	Petitioner contends that the NAVPERS 1070/606 was submitted in error and that he was not an unauthorized absentee during the period indicated. With his application, he has submitted a letter from his division officer at the time that states, in part, as follows:

A review of my Division Officer’s Notebook from my tenure (at that command) .... does not indicate any period of unauthorized absence for you from 06 March 2002 to 07 March 2002. What I do possess is a one-day special liberty chit from you for that period. I believe that you may have been mustered in error on the morning of 07 March 2002 and through some administrative error, this was never corrected. ...

CONCLUSION:

Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. It is clear that there was no disciplinary action taken, and no mention of the period of unauthorized absence in the performance evaluation for the period ending only eight days after the alleged unauthorized absence. Further, his division officer states that there was an approved special liberty for the period in question. Therefore, the Board concludes that he was not an unauthorized absentee on 6 and 7 March 2002 and the NAVPERS 1070/606 should be removed from his record.

RECOMMENDATION:

a. That Petitioner’s naval record by removing the Record of Unauthorized Absence (NAVPERS 1070/606) showing that he was an unauthorized absentee on 6 and 7 March 2002.

b. That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.

c. That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.

4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and

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complete record of the Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN	ALAN E.
Recorder	Acting Recorder

5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

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