DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
SMC
Docket No: 04494-01
4 October 2001
.
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
BMl (S
REVIEW OF NAVAL RECORD
SN,
(a) Title 10 U.S.C.. 1552
(1) DD Form 149 dtd 17MayOl w/attachment
(2) PERS-3 11 memo dtd
(3) Subject’s naval record
SSepOl
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 reports for 16 December 2000 to
1 February 2001 and 2 February to 15 March 2001. Copies of these reports are at Tabs A
and B, respectively.
2. 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 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.
Novello and Mrs. Davies, reviewed
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.
In correspondence attached as enclosure
(2), the Navy Personnel Command office
b.
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
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s field service record be corrected by removing therefrom the
following enlisted performance evaluation reports and related material; and that these reports
not be filed in his digitized headquarters record in the future:
Date of Report
Reporting Senior
06MarOl
15MarOl
Period of Report
From
To
16DecOO
2FebOl
lFebO1
15MarOl
a. That there be inserted in Petitioner ’s naval record ONE memorandum in place of
both removed reports, containing appropriate identifying data; that the memorandum state
that the portion of Petitioner ’s performance evaluation record for 16 December 2000 to
15 March 2001 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 removed material.
b. That appropriate corrections be made to the magnetic tape or microfilm maintained
by the Navy Personnel Command.
c. 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
d. 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
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.
DEPARTMENT OF THE NAVY
NAVY PERSONNEL
MILLINGTON TN
5720
INTIZGRITY DRIVE
38055-0000
CO MM A N D
1610
PER%3 11
5 September 2001
MEMO~UM FOR THE, EXECUTIVE
DIRJKTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PER!+OOZCB)
Subj: BM
Ref: (a) CO, U
l3UPE
(b)
Encl: (1)
BCNR File
1. Enclosure (1) is returned. The member requests the removal of his performance evaluations
for the periods 16 December 2000 to I February 2001 and 2 February 2001 to 15 March 2001.
2. Based on our
rcvicw of the material provided, we
fkd the following:
a. A review of the member’s
headquarters
record did not
reveal the reports in question to be
on file. PERS-311 received the reports, however, the reports have not been placed in the
member’s digitized
record_
b. The report for the period 16 December 2000 to 1 February 2001 is a
Special/Regular
report. The report is adverse and submitted to document the member receiving Non-Judicial
Punishment
to 15 March
2001 is a Periodic/NOB/Regular report,
(NJP) on I February 2001. The report for the period 2 February 2001
c.
Per
rcfcrcncc (a),
the member’s NJP was set aside on 17 April 2001. Per reference
(b),
ma&s, and promotion
performance trait
c
Annex S, paragraph S-12, the comments,
recommendation are now considered inappropriate.
d. The member proves
the reports to be unjust or in error.
In
view of
3.
recommmd
and/or not be filed in the member ’s record.
tbc above WC
the performance
evaluatio#
i.n question be removed
P&o?%YllXUc(.?
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