DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

HD: hd
Docket No: 07124-00
29 March 2001

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

Secretary of the Navy

Subj: L T

REVIEW OF NAVAL RECORD

III, u

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 dtd 13
(2) PERS-3 11 memo dtd 26 Jan 01
(3) PERS-85 memo dtd 1 Mar 01
(4) Subject’s naval record

Ott 00 w/attachments

1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting, in effect, that his Performance Summary Report (PSR) be
corrected to reflect that he had a mark of  “3.0” vice “4.0” in block 34 (“equal opportunity”)
in his fitness report for 21 August 1997 to 31 January 1998. Petitioner further impliedly
requested removal of his failure of selection by the Fiscal Year 01 Lieutenant Commander
Line 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 corrected the PSR as Petitioner requested.

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 on the
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 

(3), the NPC office having cognizance over

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 it is reasonable to
suspect that the PSR error, which caused the PSR to reflect a decline in performance,  “may
have been the determining factor” in Petitioner’s failure of selection for promotion.

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 that this request should be denied. They find that
Petitioner ’s consideration by the regular promotion board, scheduled for 24 April 2001, with
a corrected PSR 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
record of the Board ’s proceedings in the above entitled matter.

’complete

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.

3

DEPARTMENT OF THE NAV
PERSONNEL  COMMAN

NAVY 

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

D

1610
PERS-3 11
26 January 2001

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERS/BCNR Coordinator (PERS-OOZCB)

Ref (a) BUPERSINST 

1610,lO EVAL Manual

Encl: (1) BCNR File

1. Enclosure (1) is returned. The member requests to have his Officer Summary Record (OSR)
corrected concerning his fitness report for the period 21 August 1997 to 3 1 January 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.

The report 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.

b. The member alleges his OSR for the fitness report from 21 August 1997 to 31 January
1998 to be in error as he received a Performance Trait Grade of 4.0 in block-34 (Equal
Opportunity). A review of the member
Trait Grade off 3.0 vice 4.0 in block-34 (Equal Opportunity).

’s digitized record revealed he received a Performance

c. The member indicated in enclosure (3) to his petition that he submitted reports for the

92DEC29 to 

93JUN23 and 

periods 
We have no record of ever receiving the fitness report for the period 29 December 
June 1993. If the member will forward a copy of the report we will have it placed in the
member ’s digitized record and on his OSR.

99JAN31 for inclusion in his permanent record.

980CT09 to 

‘1992 to 22

3. We have corrected the member
(Equal Opportunity).

’s OSR to reflect a Performance Trait Grade of 3.0 in block-34

Head, Performance
Evaluation Branch

DEPARTMENT OF THE NAVY

BUREAU OF NAVAL PERSONNEL

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

5420
Pers  8 5
01  Mar 01

MEMORANDUM FOR BCNR

Via 

:

BUPERS/BCNR Coordinato

r

Re f 

:

(a)  Pers-311 memo of 26 Jan 2001

Encl :

(1)  BCNR File

Enclosure (1) is returned

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

  concurring with the findings o

request fo

f

r

o

2. After review 
Lieutenant Command
it is evident the incorrect data on his OSR did show a declin
in performance
failure of selection
decline in performance may have bee
the board

’s decision not to

it is reasonable to suspect that thi

. Although other factors may have influenced th

,

record before the FY-0
Promotion Selection Board

1

s

e

,

e

r

ng factor fo

n

t

  selec
7
d

3. Recommend approva
01 Lieutenant Command
Selection Board

.

Line Specia

BCNR request for a
l Promotio n

 

FY-

Officer Promotion
And Enlisted Advancements Divisio

s

n