DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

HD: hd
Docket No: 08247-00
30 March 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj: L

Ref:

Encl:

REVIEW OF NAVAL RECORD

SC,

(a) Title 10 U.S.C. 1552

dtd 24 Nov 00 w/attachments

(1) DD Form 149 
(2) PERS-3 11 memo dtd 23 Feb 01
(3) PERS-85 memo dtd 14 Mar 01
(4) 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 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. Finally, he expressly requested that he be granted a special selection board.
Enclosure (2) shows the Navy Personnel Command (NPC) office responsible for performance
evaluations has removed the contested fitness report and all related correspondence.

2. 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 onthe
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 

active duty promotions has commented to the effect that Petitioner’s request for a special
selection board has merit and warrants favorable action. They stated the removal of the
contested fitness report “substantially improves the promotion competitiveness of
[Petitioner’s] record amongst his peers.  

”

(3), the 

NPC office having cognizance over

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting partial relief, specifically, removal of Petitioner
for promotion.

’s failure of selection

The Board agrees with the advisory opinion at enclosure (3) in finding that the failure of
selection should be removed. Notwithstanding the recommendation in this opinion for a
special selection board, the Board finds this request should be denied. They find that
Petitioner ’s consideration by the regular promotion board, scheduled for 14 May 2001, with
a corrected fitness report record and status as not having failed of selection, will provide him
adequate relief.

In view of the above, the Board directs the following limited corrective action:

RECOMMENDATION:

a. That Petitioner ’s record be corrected so that he will be considered by the earliest

possible selection board convened to consider officers of his category for promotion to
lieutenant commander as an officer who has not failed of selection for promotion to that
grade.

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.

d. That Petitioner ’s request for a special selection board be denied.

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

P-

ONATHAN S. 
Acting Recorder

d 
RUSKIN

4giLl#&-

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.

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

1610
PERS-3 11
23 February 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERS/BCNR Coordinator (PERS-OOZCB)

Subj 

:

Ref:  (a)  BUPERSINST 1610.10 EVAL Manual

(b) NAVOP 

043/95

Encl: (1) BCNR File

1. Enclosure (1) is returned. The member requests the removal of his original fitness report for
the period 1 June 1996 to 19 December 1996, his statement and reporting senior

’s endorsement.

2. Based on our review of the material provided, we find the following:

a. A review of the member

’s 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.
member ’s statement and reporting senior

’s endorsement are reflected in his digitized record.

The

b. The report in question is a Detachment of Individual/Regular report. The member alleges
the report is administratively incorrect because the promotion recommendation and trait grades
are inconsistent with each other.

c. The fitness report for the period 1 June 1996 to 19 December 1996 was filed in error. Per

reference (a), the report is considered adverse. Reference (b) states; 
excluding equal opportunity, may be assessed as progressing
evaluation and recommendation of promotable.
(meet navy standards) or higher to maintain eligibility for advancement and receive a
recommendation of promotable.
trait grade of 1 

(2.0),  and still maintain an overall
 
Equal Opportunity must be evaluated as 3.0

A promotion recommendation may not be assigned with any

“Now up to 

.O.”

,two  traits,

d. The member states in his petition that he contacted the reporting senior in writing,

onded back to him denying his

requesting to have the report corrected.
request. The report is not procedurally correct.

e. The fact that a fitness report alone may adversely affect a member

is not sufficient reason to remove a report from the record.

’s promotion opportunity

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

3. We have removed the report and all related material and replaced it with a continuity
memorandum.

4. We recommend the case be closed administratively.

ce

Evaluation Branch

DEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

MEMORANDUM FOR BCNR

Via 

:

BUPERS/BCNR Coordinator

:

Subj

Ref :

(a) Pers-311 memo of 23 Feb 01

Encl :

(1)  BCNR File

Enclosure 

1.
ref (a) and recommending approval,
a special promotion selection board

.

(1)  is returned concurring with the findings of

5420
Pers 85
14  Mar  01

request fo

r

2.
The removal of the fitness report addressed in ref (a)
substantially improves the promotion competitiveness of L

,

T

record amongst his peers.
Y-01 Active Duty Lieutenant Commander Supply Corps

Recommen-

1

be

Special Promotion Selection Board.

, Officer Promotion
And Enlisted Advancements Division

s