DEPARTMENT OF THE NAVY

EiOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

orrection of Naval Records

HD:hd
Docket No: 04665-02
13 January 2003

(1) DD Form 149
(2) PERS-834 me o dtd 17 Jun 02
Dee 02

o dtd 2 

td 15 May 02 w/attachments

From:
To:

Subj 
:

Encl:

1. Pursuant to the provisio
filed enclosure (1) with thi
corrected by removing the
of extension dated 22 June
includ
23 February 2001,
at Tab A. Petitioner’s 
req
consid
reprimand were not 
issue is the only document

of reference (a), Subject, hereinafter referred to as Petitioner,
ard requesting, in effect, that the applicable naval record be

ness report for 10 November 2000 to 3 1 May 2001, with letter

1, and all references to the nonjudicial punishment 
(NJP) of
a letter of reprimand. A copy of the contested fitness report is
to remove the fitness report extension letter and the letter of
as they are not in his naval record. The fitness report at
e record referencing the NJP.

consis
2. The Board,  
allegations of error and
determined that thecorr
evidence of record. 
Dow
enclosures, naval records,

s. Cooper, Frankfurt and Pfeiffer, reviewed Petitioner’s

on 9 January 2003, and pursuant to its regulations,
tion indicated below should be taken on the available
tary material considered by the Board consisted of the
applicable statutes, regulations and policies.

3. The Board, having  
revi
of error and injustice, finds

all the facts of record pertaining to Petitioner’s allegations

a. Before applying
available under existing 1

Board, Petitioner exhausted all administrative remedies
regulations within the Department of the Navy.

b. Petitioner contends

the NJP, which has

c. In correspondence
office having cognizance o

I

~

t the fitness report marks and remarks were based solely on

as enclosure 

cer performance and separations recommends amending the

(2), the Navy Personnel Command 

(NPC)

.

I

fitness report to remove ex
report, stating  “Though
[Petitioner ’s] performance
upon his NJP. 

”

references to NJP, rather than completely removing the
was set aside, there is no indication that the marks on

aits or the promotion recommendation were made solely based

d.

In correspondence  

(3), the NPC office having cognizance over
mmended removing the entire contested fitness report, stating
fitness report matters has r
“In view of the member ’s JP being set aside, the member ’s performance trait marks and
”
promotion recommendation are now considered inappropriate. 

ttached as enclosure 

f

CONCLUSION:

I

Upon review and considera  ‘on of all the evidence of record, notwithstanding the contents of
enclosure 
existence of an injustice

(2), and especial1 in light of the contents of enclosure 
%w anting the following corrective action.

(3), the Board finds the

RECOMMENDATION: 

1

a. That Petitioner ’s 

fitness report and related

n val record be corrected by removing therefrom the following
tm terial:

Date of Report

Reporting Senior

Period of Report
From
To

OlMay3 1

CA

SN

OONovlO

OlMay3 1

b. That there be inser
removed report containing
memorandum state that the
accordance with the
boards and other
inference as to the nature o

in Petitioner ’s naval record a memorandum in place of the

identifying data concerning the report; that the
been removed by order of the Secretary of the Navy in

law and may not be made available to selection

authorities; and that such boards may not conjecture or draw any

c. That any material r entries inconsistent with or relating to the Board

’s

recommendation be 
correc
that no such entries or mat
3

removed or completely expunged from Petitioner ’s record and

rib be added to the record in the future.

d. That any material
to the Board, together with
confidential file maintained
Petitioner’s naval record.

ire&d to be removed from Petitioner ’s naval record be returned
copy of this Report of Proceedings, for retention in a

such purpose, with no cross reference being made a part of

2

6(c of the revised Procedures of the Board for Correction of Naval

4. Pursuant to Section 
Records (32 Code of Feder
Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s revieand deliberations, and that the foregoing is a true and complete
record of the Board ’spr

ings in the above entitled matter.

.i

ROBERT D. ZSALMAN
Recorder

5. Pursuant to the delegati
the Board for Correction
723.6(e)) and having
foregoing corrective
the Board on behalf of the

d4
JONATHAN S. 
Acting Recorder

aB *-

 
RUSKIN

n of authority set out in Section 6(e) of the revised Procedures of

Records (32 Code of Federal Regulations, Section

compliance with its provisions, it is hereby announced that the
under the authority of reference (a), has been approved by

ecretary of the Navy.

3

DEPARTMENT OF THE

 
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000

5720 INTEGRITY DRIVE

NA-JY

1920
Ser 
17 Jun 02

834/553

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

' OF NAVAL RECORDS

Via :

Assistant 

for BCNR Matters, PERS-OOZCB

I

Subj :

BCNR ICO E

Ref :

Encl :

(a) BCNR mem

? 5420 Pers-OOZCB of 14

 

JUN 02

(1) BCNR Case File w/Service Record

Reference (a) requested comments and recommendations

1.
regarding  E
permanent
Enclosure (1) is returned

record pertainin

for removal of references from his

gues t
g to an NJP that was set aside.
  as  a matter under your purview

.

 

The respondent's request is valid

2.
should be removed from his fitness report and counseling recor
for the period
OONOVlO to  
Officer's Non-Judicial Punishment
Articles 128 (Assault)
being drunk and disorderly)
Awarded Punitive Letter of Reprimand on 23 Feb 01.
date: 28 Feb

"resulting in Commanding
Found in violation of UCMJ
, 133 (Conduct Unbecoming an Officer by

, and 134 (Disorderly Conduct).

The following remarks

OlMAY31:
.

 

01."

.

Concluding

Though the NJP was set aside,

3.
marks on his performance traits or the promotion recommendation
were made solely based upon his NJP, and thus there is no valid
basis for removing the marks on the performance traits or th
promotion recommendation from this fitness report.

there is no indication that th

5.

PERS-834 Point of Contact

Head, Officer Performance an
Separations Branc

h

e

d

d

e

DEPARTMENT OF THE

 

NAVY

NAVY 

PERSONNEL  COMM AN D

5720 INTEGRITY DRIVE
MILLINGTON TN 380550000

1610
PERS-3 11
2 December 2002

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERWEKNR  Coordinator (PERS-OOZCB)

Subj: E

Ref:

BUPERSINST 1610.10 EV

(a) 
(b) CO, U. S. Navy 
of 10 December 

qupport 
400 1

Facl

(c) CNP ltr 1611 Ser 

834C/O64 of 18 January 2002

Encl: (1) BCNR File

1. Enclosure (1) is returned. The member requests the removal of his fitness report for the
period 10 November 2000 to 3 1 May 2001and fitness report extension letter of 22 June 2001.

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 desire to submit a statement. The fitness report extension letter
is not in the member
’s record; however, the member provided a copy with his petition. Per
from the ending date of the
reference (a), Annex S, paragraph S-8, the member has two years 
report to submit a statement.

b. Reference (b) set aside the member

’s NJP on 10 December 2001 and reference (c)

indicated action had been taken to ensure no documentation regarding the member receiving 
was filed in the member
performance trait marks and promotion recommendation are now considered inappropriate.

’s record. In view of the member

’s NJP being set aside, the member

NJP

’s

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

3. We recommend the
marks and promotion recommendation the member now deserves.

fitnesls report be removed as we cannot determine what performance trait
 

-

Performance
Evaluation Branch