DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 08408-98
20 May 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj
:
AD2
REVIEW OF NAVAL RECORD
u s
Ref: (a)
Title 10 U.S.C. 1552
Encl: (1)
(2)
(3)
(4)
22Nov98 w/attachment
DD Form 149 dtd
NPC-3 11 memo dtd
Unfavorable Separations System document ICO
Subject, provided by PERS-832C
Subject’s naval record
23Apr99
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the enlisted performance evaluation report for 1 April 1995 to
15 March 1996. A copy of this report is at Tab A.
2. The Board, consisting of Messrs. Pauling, Schultz and Zsalman, reviewed Petitioner’s
allegations of error and injustice on 20 May 1999, 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:
Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
a.
b.
In the advisory opinion attached as enclosure
(2), the Navy Personnel Command
(NPC) office having cognizance over the subject matter addressed in Petitioner’s application
has commented to the effect that her request has merit and warrants favorable action.
Enclosure (3) supports the NPC opinion.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of
following corrective action.
(3), the Board finds the existence of an injustice warranting the
enclosur&S(2) and
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing therefrom the following
enlisted performance evaluation report and related material:
Date of Report
Reporting Senior
Period
From
of Report
To
28Mai-96
USN
lApr95
15Ma.t-96
b. That there be inserted in Petitioner ’s naval record a memorandum in place of the
removed report, containing appropriate identifying data concerning the report; that such
memorandum state that the report has been removed by order of the Secretary of the Navy in
accordance with the provisions of federal law and may not be made available to selection
boards and other reviewing authorities; and that such boards may not conjecture or draw any
inference as to the nature of the report.
C. That appropriate corrections be made to the magnetic tape or microfilm maintained
by the Navy Personnel Command.
d. That any material or entries inconsistent with or relating to the Board
recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.
’s
’s record and
e. That any material directed to be removed from Petitioner
’s naval record be returned
to the Board, together with a copy of 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.
’
2
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN
Recorder
JONATHAN S.
Acting Recorder
RUSKIN
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.
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 2805 5-0000
161 0
NPC-31 1
23 APR 99
BOARD FOR CORRECTION OF
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
Via:
NPC/BCNR Coordinator (NPC-OOXCB)
Subj:
AD2
,
USN,
Ref:
(a) BUPERINST 1610.10, EVAL Manual
(b) Pers-832C msg
131856ZSEP96
Encl:
(1) BCNR File
Enclosure
1.
her performance
1996.
(1) is returned.
The member requests removal of
report for the period 1 April 1995 to 15 March
Based on our review of the material provided, we find the
2.
following:
a.
A review of the member's digitized record revealed the
report in question to be on file.
indicating she does not desire to submit a statement.
reference (a), the member has two years from the ending date to
A statement was not received by
submit a statement if desired.
Pers-322 from the member.
digitized record also revealed missing performance reports for
the period 2 October 1996 to 15 March 1998.
A further review of the member's
The member signed the report
Per
b.
The member alleges that the comment in the report in
Per reference (a), Annex N, paragraph N-13,
question "Tested positive for drug use on urinalysis screen and
recommended for Other Than Honorable Discharge by Administrative
Board on 21 FEB 96." is inappropriate, since being exonerated of
all charges.
comments may be included on misconduct whenever the facts are
clearly established at the reporting senior's satisfaction.
reference (b), all charges on the member were dismissed due to
the counsel determining that the urinalysis testing was flawed.
We feel that at the time of the report the comments were
appropriate; however,
comments are now inappropriate.
based on reference (b), we feel that the
Per
C .
error.
The member does prove the report to be unjust or in
.
Subj :
ADZ,
USN,
We recommend removal
of the report in question,
3.
with a SECNAV memo.
with a copy of the missing reports for the period 2 October 1996
to 15 March 1998,
replacing it
We also recommend the member provide NPC-311
in order to update her digitized record.
Evaluation Branch
2
NAVY | BCNR | CY2000 | 06967-00
PERS-832C states that he “was, in fact, convicted of DUI under a Deferred Prosecution agreement and his command had every right to document that event in his service record.” They further state “The fact that he met the required obligations, applied for and received a court dismissal of the charge two years later does not negate the incident.” They conclude that documentation supporting that significant event should remain in the record; and that maintaining such documents is essential to...
NAVY | BCNR | CY2002 | 08361-01
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by removing both the “not observed” and observed enlisted performance evaluation reports for 1 December 1994 to 30 January 1995, the performance evaluation report for 31 January 1995 to 5 March 1996, and the service record page 9 (Enlisted Performance Record) whose last entry is the entry” for 1 December 1994 to 30 January...
NAVY | BCNR | CY2001 | 04515-00
The Board, consisting of Messrs. allegations of error and injustice on 12 October 2oo0, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. At enclosure (2) is a letter from the Navy Personnel Command (NPC) to the effect that although his NJP had been set aside, Petitioner would have to apply to this Board to have the reference to it removed from the periodic performance evaluation report in question. ...
NAVY | BCNR | CY2001 | 01125-01
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that his naval record be corrected by removing the enlisted performance evaluation report for 1 December 1995 to 15 November 1996 (copy at Tab A to consideratil3n for advancement to pay grade E-7. The Board, consisting of Messrs. Adams, Schultz, and Zsalman, reviewed Petitioner allegations of error and injustice on 24 May 2001, and pursuant to its regulations,...
NAVY | BCNR | CY2001 | 06686-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the enlisted performance evaluation reports for 16 November 1996 to 15 November 1997 and 16 November 1997 to 9 April 1998 and related material. ’s request to CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice...
NAVY | BCNR | CY1999 | 03246-98
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the enlisted performance evaluation report for 16 September to 29 September 1995, and an undated “Evaluation Report Administrative Change” letter. The advisory opinion at enclosure (2) recommends removal of the “duplicate” report for 16 to 29 Sep 95, but retention of the...
NAVY | BCNR | CY2001 | 00112-00
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing all reference to his nonjudicial punishment 17 December 1998, to include the punitive letter of reprimand dated 22 January 1999 and service record page 13 (“Administrative Remarks”) entries, in light of the action to set aside 13 the NJP. That Petitioner ’s naval record be corrected...
NAVY | BCNR | CY2001 | 00108-00
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing all reference to his nonjudicial punishment 17 December 1998, to include the punitive letter of admonition dated 22 January 1999 and service record page 13 (“Administrative Remarks”) entries, in light of the action to set aside the NJP. That Petitioner ’s naval record be...
NAVY | BCNR | CY2001 | 04900-01
In correspondence attached as enclosure (4), Pers-OOJ found evidence of racial bias CONCLUSION: Upon review and consideration of all the evidence of record, notwithstanding the contents of enclosure existence of an injustice warranting the following corrective action: (2), and especially in light of the contents of enclosure (4), the Board finds the RECOMMENDATION: That Petitioner ’s naval record be corrected by removing therefrom the following fitneis reports and related material, including...
NAVY | BCNR | CY1999 | 06683-98
The member requests removal of Based on our review of the material provided, we find the 2. following: a. However the report is developed, it represents the He suggests that the d. The member alleges that although he provided his immediate supervisor with a counseling evaluation on himself, he did not receive a formal mid-term counseling for the period in Subj: AF Mid-term counseling on performance is mandatory in question. Naval Records (BCNR) for removal of a detachment for...