DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON. D.C. 203704100
BJG
Docket No:
13 October 2000
4515-O
Chairman, Board for Correction of Naval Records
Secretary of the Navy
MN2(S
REVIEW OF NAVAL RECORD
USN
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 21 Jun
(2) Subject’s undtd fax
(3) PERS-311 memo dtd 25 Sep
(4) Subject’s naval record
00
00 w/attachments
w/PERS-832C memo dtd 23 Aug
00
From:
To:
Subj:
Ref:
Encl:
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 following reference to nonjudicial punishment (NJP) from block
43 (“Comments on Performance”) of his enlisted performance evaluation report for
18 June 1998 to 15 June 1999:
Military Justice] Article 134.
I’- Awarded NJP for violation of UCMJ [Uniform Code of
” A copy of this report is in enclosure (1) at Tab A.
2. 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. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.
Mackey, Pauling, and Pfeiffer, reviewed Petitioner ’s
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. 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.
c.
In correspondence attached as enclosure
(3), the NPC 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
following corrective action.
(3), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing the following from block 43
(“Comments on Performance ”) of his enlisted performance evaluation report for 18 June
1998 to 15 June 1999, signed by Lieutenant J. T. Gumaer, USN, and dated 15 June 1999:
- Awarded NJP for violation of UCMJ Article 134.
b. 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
C. 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.
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
2
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.
Executive
Direct0
3
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055000
.
$79
5790
Y
0
1610
PERS-3 11
25 September 2000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
PERS/BCNR Coordinator
(PERS-OOZCB)
Subj: MN2
Ref
(a) CO, Mobile Mine Assembly Group ltr 5812 Ser
(b)
BUPERSlNST 16 10.10 EVAL Manual
00/062 of 16 June 2000
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests modification to his performance evaluation
for the period 18 June 1998 to 15 June 1999.
2. Based on our review of the material provided, we find the following:
a. A review of the member’s headquarters record revealed the member was an E-4 at the time
of the report. Since E-4 and below evaluations are not filed in the member’s headquarters record,
our comments are based on an uncertified copy of the report included with the member’s petition.
b. The performance evaluation is a Periodic/Regular report signed by the member on 18 June
1999.
c. Reference (a) set aside the member’s NJP on 16 June 2000. Per reference (b), Annex S,
’s NJP are now
paragraph S-12, the comments in the original report concerning the member
considered inappropriate.
d. The member proves the report to be unjust or in error.
3. We recommend deletion of the following bullet from block-43:
NAVY | BCNR | CY2002 | 05262-99
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 three enlisted performance evaluation reports for 16 July to 3 November 1998, 4 November 1998 to 3 February 1999, and 4 February to 3 May 1999. The second opinion recommended that her request be approved, stating that she would have been selected for advancement from Cycle 160,...
NAVY | BCNR | CY2001 | 01734-01
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 "Evaluation Report & Counseling Record (E1-E6)" for 16 November 1999 to 15 March 2000. 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...
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 | 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 | 07085-00
PERS-833 recommends disapproving Petitioner ’s request to remove the letter which removed his name from the promotion board report. ” e. In correspondence attached as enclosure PERS-06L6, the NPC Office of Legal Counsel, has commented that they recommend favorable action on Petitioner ’s request to have removed from his permanent record all reference to the NJP which has been set aside, but do not recommend favorable action on his request to remove the contested letter. c. Reference (b)...
NAVY | BCNR | CY2002 | 02071-02
They further find the EM2 report for 10 October 2000 to 15 March 2001 should be removed as well, as Petitioner would not have been evaluated in this rate, but for the reduction. That Petitioner’s naval record be corrected by removing therefrom the following enlisted performance evaluation reports and related material: Period of Report Date of Report Reporting Senior From To 00Dec22 00Jan12 000ctO9 01Mar15 000ctlO 01Mar15 We recommend the report for the period 12 January 2000 to 9 October...
NAVY | BCNR | CY2002 | 07954-99
A fitness report is an opinion document that reflects the reporting senior’s evaluation of the officer’s performance. The member requests the removal of his fitness report for the 2. Block 41 of the subject fitness FITREP is being submitted due to a A commanding officer has significant In accordance a commanding officer may submit a The member's argument that the special report is unjust seems 4. to be based on his allegation that the commanding officer used the special report as punishment.
NAVY | BCNR | CY2002 | 02509-02
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 | CY2001 | 06208-00
” This report reflects that both the “5.0” (highest), two of “4.0” (second best) “5.0, ” two of “4.0” and two of “3.0”; and it f. In correspondence attached as enclosure (2), PERS-311, the Navy Personnel (NPC) office having cognizance over officer fitness reports, stated that the report Command for 1 February 1998 to 3 1 January 1999 was received and placed in Petitioner record on 5 August 1999; that the FY 00 selection board convened on 24 May 1999 and adjourned 4 June 1999; and that...