Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 01734-01
Original file (01734-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMC
Docket No: 01734-01
14 June 2001

 

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

Subj: AO Hitt Saints SN meinem

REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 dtd 17Feb01 w/attachments

(2) PERS-311 memo dtd 23May01
(3) Subject’s naval record

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 "Evaluation Report & Counseling Record (E1-E6)" for

16 November 1999 to 15 March 2000. A copy of this enlisted performance evaluation report
is at Tab A.

2. The Board, consisting of Messrs. Bishop, Lightle, and Neuschafer, reviewed Petitioner’s
allegations of error and injustice on 14 June 2001, 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. In correspondence attached as enclosure (2), the Navy Personnel Command office
having cognizance over the subject matter addressed in Petitioner’s application has
commented to the effect that his request has merit and warrants favorable action.
CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), the Board finds the existence of an injustice warranting the
following corrective action.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected by removing therefrom the following
"Evaluation Report & Counseling Record (E1-E6)" and related material:

Period of Report
Date of Report Reporting Senior From To

 

17Mar00 MB ESN §=©«16Nov99 —_15Mar00

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’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.

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.

724 ¢
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 "JONATHAN S. RUSKIN
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.

W. DEAN Sj

Executive Director

tT oe [ty

i oY
DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1610
PERS-311
23 May 2001

 

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

Via: PERS/BCNR Coordinator (PERS-00ZCB)

 

Ref: (a) CO, Electronic Attack Squadron ONE THREE SIX Itr 5812 Ser 00/095 of 4 April 2000
(b) NPC ltr 5800 PERS-832C of 27 June 2000
(c) BUPERSINST 1610.10 EVAL Manual

Encl: (1) BCNR File

1. Enclosure (1) is returned. The member requests the removal of his performance evaluation
for the period 16 November 1999 to 15 March 2000.

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 in 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 indicated whether he did or did not desire to submit a statement.

b. The report in question is a Periodic/Regular report.
c. Reference (a) set aside the member’s NJP on 4 April 2000. Reference (b) informed CO,

VAQ-136 action had been taken to ensure that no documents relating to the member receiving
NJP was in his official service record.

d. Per reference (c), Annex S, paragraph S-12, the trait mark in block-36, the comments in
block-43, and the member’s promotion recommendations are now considered inappropriate.

e. The member proves the report to be unjust or in error.

LV 2E- fs
3. We recommend removal of the performance evaluation as we cannot determine what
performance trait mark or promotion recommendation the member now deserves.

w

    

Head, Performance
Evaluation Branch

Similar Decisions

  • NAVY | BCNR | CY2001 | 08041-00

    Original file (08041-00.pdf) Auto-classification: Denied

    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. The member provided a copy of her statement and reporting senior’s endorsement with her petition. When the member’s statement and reporting senior’s endorsement is returned and found suitable for filing, we will place it in the member’s digitized record.

  • NAVY | BCNR | CY2001 | 04494-01

    Original file (04494-01.pdf) Auto-classification: Approved

    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 December 2000 to 1 February 2001 and 2 February to 15 March 2001. The Board, consisting of Messrs. Bishop and Petitioner’s allegations of error and injustice on 4 October 2001, and pursuant to its regulations, determined that the...

  • NAVY | BCNR | CY2002 | 02509-02

    Original file (02509-02.PDF) Auto-classification: Approved

    The reporting senior ’s endorsement of 13 May 2001 merely recommended that Petitioner ’s rebuttal be accepted for file in his official service record.Neither document refers to the original marks to be raised per the letter-supplement. That Petitioner ’s naval record be corrected further by removing the letter-supplement dated 21 January 2001, pertaining to the enlisted performance evaluation report for 16 November 1999 to 15 November 2000; but that Petitioner ’s statement of 10 May 2001...

  • NAVY | BCNR | CY2002 | 02175-02

    Original file (02175-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that the applicable naval record be corrected by completely removing the fitness reports for 2 May to 31 October 2000 and 1 November 2000 to 22 January 2001, copies of which are at Tab A. “ongoing security investigation ” from the fitness report CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of...

  • NAVY | BCNR | CY2005 | 02897-05

    Original file (02897-05.rtf) Auto-classification: Approved

    In a letter dated 5 January 2005 to Petitioner (copy in enclosure (1)), the reporting senior explained the document had been submitted “to assist the [CO’s] Trait Average, and enable applicable reports to be graded on the same basis.” He said “These corrections were submitted for three other Evaluation Reports within the same time period.” Finally, he said the changes “should not be viewed as an indication of any change in your performance.” This letter is not in Petitioner’s record. They...

  • NAVY | BCNR | CY2005 | 03461-05

    Original file (03461-05.rtf) Auto-classification: Approved

    03461-05 4 April 2006 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy REVIEW OF NAVAL RECORD R Ref: (a) 10 U.S~C. 3 (1) Block 20: Change from “MINS” to “PINS.” (2) Block 43 *36: Change to read “- [PFA] Results: APR 03 P/NS (1st failure) and OCT 03 P/NS (2nd failure) CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting partial relief, specifically, the requested correction...

  • NAVY | BCNR | CY2000 | 06967-00

    Original file (06967-00.doc) Auto-classification: Approved

    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 | CY2001 | 08668-00

    Original file (08668-00.pdf) Auto-classification: Approved

    Pursuant to the provisions of 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 or correcting the fitness report for 1 October 1996 to 12 April 1997, a copy of which is at Tab A. In enclosure (2), the Navy Personnel Command (NPC) CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting removal of the...

  • NAVY | BCNR | CY2002 | 07124-00

    Original file (07124-00.pdf) Auto-classification: Approved

    Enclosure (2) shows the Navy Personnel Command (NPC) office responsible for performance evaluations has corrected the PSR as Petitioner requested. The Board, consisting of Messrs. Taylor and Zsalman and Ms. Hare, reviewed Petitioner’s allegations of error and injustice on 29 March 2001, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner ’s record be corrected so that he will be...

  • NAVY | BCNR | CY2001 | 08247-00

    Original file (08247-00.pdf) Auto-classification: Approved

    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 fitness report for 1 June to 19 December 1996 and all related correspondence, a copy of which is at Tab A. Petitioner further impliedly requested removal of his failure of selection by the Fiscal Year (FY) 01 Lieutenant Commander Staff Selection Board. Notwithstanding the...