DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BIG
Docket No: 6686-01
6 December 2001

From:
To:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

Subj 
:

Ref:

Encl:

IT
REVIEW OF NAVAL RECORD

(a)
(1)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 dtd 21 Aug 01 w/attachment
Page 13 entry dtd 7 Apr 98
PERS-3 11 memo dtd 19 Nov 01
Subject’s naval record

Petitioner also requested removal of

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 November 1996 to
15 November 1997 and 16 November 1997 to 9 April 1998 and related material. Copies of
the reports are at Tabs A and B, respectively.
unspecified service record page 13 (“Administrative Remarks”) entries. Enclosure (2) is a
page 13 entry dated 7 April 1998, indicating that Petitioner refused to sign the contested
rIz:port for 16 November 1997 to 9 April 1998. In addition, Petitioner ’s record includes a
page 13 entry dated 9 December 1996, a copy of which is at Tab C, regarding his having
been placed on legal hold for investigation of charges which ultimately did not result in any
punishment. Finally, Petitioner requested remedial consideration for promotion to pay grade
E-7. The Board did not consider this request, since he may submit to the Navy Personnel
Command 
corrective action indicated below. PERS-81 advises that the next special selection board is to
convene in May 2002, and that requests for consideration by that board should be submitted
by March 2002.

(PERS-81) a request for a special selection board on the basis of the

(NIX) 

2. The Board, consisting of Messrs. 
allegations of error and injustice on 5 December 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.

Caron, Frankfurt, and Tew, 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.

In correspondence attached as enclosure 

(3), the NPC office having cognizance over

performance evaluation matters has commented to the effect that Petitioner
remove the contested performance evaluation reports has merit and warrants favorable action.

’s request to

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting corrective action, specifically, removal of the contested reports and
related material, including the page 13 entry dated 7 April 1998, and removal of the page 13
entry dated 9 December 1996.

.

The Board agrees with the advisory opinion at enclosure (3) in finding that the contested
reports and related material, including the page 13 entry dated 7 April 1998, should be
removed. They find that the page 13 entry dated 9 December 1996 regarding legal hold
should be removed as well, because Petitioner ultimately received no punishment.

In view of the above, the Board directs the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected by removing therefrom the following two

enlisted performance evaluation reports and related material, including the service record
page 13 ( “Administrative Remarks
the report for 16 November 1997 to 9 April 1998:
.

”) entry dated 7 April 1998, concerning his refusal to sign

Date of Report

Reporting Senior

Period of Report
From
To

19 Nov 97
30 Mar 98

LC
LC

SN
SN

16 Nov 96
16 Nov 97

15 Nov 97
9 Apr 98

b. That there be inserted in Petitioner

’s naval record ONE memorandum in place of

both removed reports, containing appropriate identifying data; that such memorandum state
that the portion of Petitioner
’s performance record for 16 November 1996 to 9 April 1998
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.

C. That Petitioner ’s record be further corrected by removing the page 13 entry dated

9 December 1996, concerning legal hold.

2

d. That appropriate corrections be made to the magnetic tape or microfilm maintained

by NPC.

e. 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

f. 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

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised
of the Board for Correction of Naval Records (32 Code of Federal Regulations,
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.
_

Procedures
Section

Executive Director

DEPARTMENT OF THE NAV
PE RSO NNEL  COMMAN

NAVY 

Y

D

5720 INTEGRITY DRIVE

MILLINGTON  TN  

38055-0000

I

1610
PERS-3 11
19 November 200 1

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERSBCNR Coordinator (PERS-OOZCB)

Subj: 

ICl

Ref:

(a) NPC ltr 1610 PERS-311 of 7 July 1999
(b) PERS-311 memo 1610 Pers-311 of 23 April 2001
(c) BCNR ltr BJG:ks Docket No: 

01125-01 of 4 June 2001

Encl: (1) BCNR File

The member requests the removal of his original performance
1. Enclosure (1) is returned.
evaluation for the period 16 November 1996 to 15 November 1997 and 16 November 1997 to 9
April 1998.

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.

Both reports are signed by the member acknowledging the contents of each and his right to
submit a statement. The member
his digitized record for the period 16 November 1996 to 15 November 1997. The member
statement for the period 16 November 1997 to 9 April 1998 is reflected in his digitized record.
The reporting senior
reflected no endorsement from the reporting senior was received after several attempts.

never received and PERS-311 filed reference (a) to

’s statements and reporting senior

’s endorsement was

 

’s endorsement is reflected in

b. Reference (b) recommended the report for the period ending 15 September 1996 be

removed from the member
’s record and was approved per reference (c) on 4 June 2001. The
board ’s action in removing the report ending 15 November 1996 was based on the determination
that the reporting senior acted inappropriately.

c. Petty Officer:

ever signed the performance evaluation for the period 16 November
1997 to  9 April 1998. Although the member had tried several times to have a meeting with the
Executive Officer to discuss the report, apparently no action was taken on the member

’s behalf.

d. It should also be noted that on 7 September 2001, the member received the Navy and

Marine Corps Achievement Medal (Gold Star in Lieu of Forth Award) for professional
achievement in the superior performance of his duties for the periods in question.

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

3. We recommend removal of the performance evaluations in question and the member
statement and reporting senior’s endorsement.

’s

Performance
Evaluation Branch

2