DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 8361-01
22 May 2002

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

From:
To:

Subj:

KC V  

1C W

LJr

KCLUKlJ

--_ 

”

Ref:

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

Encl:

(1) DD Form 149 dtd 18 Sep 01 w/attachments
(2) PERS-311 memo dtd 22 Feb 02
(3) PERS-811 memo dtd 5 Mar 02
(4) Subject ’s naval record

1.
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1)
with this Board requesting,   in effect, that his naval record be corrected by removing both the
“not observed” and observed enlisted performance evaluation reports for 1 December 1994 to
30 January 1995, the performance evaluation report for 31 January 1995 to 5 March 1996,
and the service record page 9 (Enlisted Performance Record) whose last entry is the 
entry” for 1 December 1994 to 30 January 1995. Copies of the contested documents are in
enclosure (1) at attachments (1) through (4). He further requested remedial consideration for
advancement to MMC (pay grade E-7).

“late

2. The Board, consisting of Messrs. Agresti, McBride, and Schultz, reviewed Petitioner
allegations of error and injustice on 14 March 2002, and pursuant to its regulations,
determined that the limited 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.

’s

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. The contested page 9 includes several entries not pertaining to matters of concern in

this case. It also includes an entry dated 31 January 1995 concerning Petitioner
punishment (NJP). Although the entry is obscured by lining out and the word 
entirely legible. The page 9 additionally includes a 
observed” report for 1 December 1994 to 30 January 1995.

’s nonjudicial
“VOID,” it is
“late entry” concerning the contested  “not

’s

’s

c.

In correspondence attached as enclosure

 
(2), the Navy Personnel Command (NPC)

Performance Evaluation Branch (PERS-311) has commented to the effect that Petitioner
request to remove performance evaluation reports has merit and warrants favorable action.

d.

In correspondence attached as enclosure

(3), PERS-811, the NPC office having
 
cognizance over active enlisted advancements, has commented to the effect that Petitioner
request warrants approval.
selection board consideration.

PERS-811 states that he may submit a request to NPC for special

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
(3), the Board finds the existence of an injustice warranting
contents of enclosures (2) and  
partial relief, specifically, removal of the contested enlisted performance evaluation reports
and modification of the page 9 at issue.

In light of the advisory opinions, the Board finds that the contested performance evaluation
reports should be removed.
removed, as Petitioner requested, but modified by removing the entry concerning the
contested  “not observed ” report for 1 December 1994 to 30 January 1995; and completely
obliterating the entry regarding the NJP, so that it cannot be read. They note that Petitioner
may submit a special selection board request to NPC, citing this corrective action.

They find the contested page 9 should not be completely

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

RECOMMENDATION:

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

enlisted performance evaluation reports and related material:

Date of Report

Reporting Senior

Undated
(“Not observed ”)

Undated
(Observed)

18 Mar 96

CAP

CA

Period
From

of Report

To

SN

Dee 94
1 

30 Jan 95

SN

lDec94

30 Jan 95

31 Jan 95

5 Mar 96

b. That there be inserted in Petitioner

’s naval record ONE memorandum in place of the

removed reports, containing appropriate identifying data concerning the reports; that such

2

memorandum state that the portion of his performance record for 1 December 1994 to
5 March 1996 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 Enlisted Performance Record (Page 9) whose last entry is the 

entry” for 1 December 1994 to 30 January 1995 be modified as follows:

“late

(1) Completely obliterate, so it cannot be read, the lined out 
NJP entry dated 31 January 1995.

“VOID”

(2) Remove the  “late entry ” concerning the  “not observed ” performance
evaluation report for 1 December 1994 to 30 January 1995.

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

by the Navy Personnel Command.

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

That any material directed to be removed from Petitioner

’s naval record be returned

f.

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.

g. That the remainder of Petitioner ’s request 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

JONATHAN S.  
Acting Recorder

RUSKIN

3

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of

5.
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.

W. DEAN PFEI
Executive Direct

DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

1610
PERS-3 
22 February 2002

11

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via: 

PERSBCNR Coordinator (PERS-OOZCB)

Subj 

:

Ref (a) BUPERSINST

(b) CAPT Steven G. 
(c) BUPERSINST 1610.10 EVAL Manual

1616.9A
 
Slaton, USN (RET) ltr of 7 August 2001

Encl: (1) BCNR File

performance evaluation
1. Enclosure (1) is returned.
for the period 1 December 1994 to 30 January 1995, 31 January 1995 to 5 March 1996, and
enlisted performance record dated 30 January 1995.

The member requests the removal of his

 

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

a. A review of the member

’s headquarters record revealed the reports in question to be on
mcmbe~- ‘s

file. The report for the period 1 December 1994 to 30 January 1995 is reflected in
digitized record twice. One is a graded report and the other a NOB report. The member signed
the reports acknowledging each and his right to submit a statement. The member indicated he
did desire to submit a statement for the graded report ending 30 January 1995 and he did not
desire to submit a statement for the NOB report. PERS-311 has no record of ever receiving the
’s endorsement.The member did not desire to
member ’s statement and the reporting senior
submit a statement for the report ending 5 March 1996.

the 

 

b. The reports for the period 1 December 1994 to30 January 1995 was prepared in accordance

with reference (a), Chapter 2, upon the member receiving Non-Judicial Punishment (NJP).

c. The member provides documentation of his NJP of 30 January 1995 being set-aside

March 1996. In accordance with reference (a), Chapter 1, paragraph l-1 
comments contained in the report are now considered inappropriate.

on 5
1 .e and reference (b), the

 

d. The report for the period 3 1 January 1995 5 March 1996 was prepared to reinstate the

member to Petty Officer First Class.

e. Per reference ( c), Annex S, paragraph S- 12, the

 report for   the period 3   1 

March 1996 the comments,
considered inappropriate.

 

perfonnancc trait marks, and promotion  

.lanuary 
t-ecommcndatioll  

1905  
arc 

5
to 
no\\’

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

3. In view of the above we recommend the  
the member ’s record.

perfomlance evaluation  in question be removed  

from

Evaluation Branch

DEPARTMENT OF THE NAV
PE RS ONNEL COMMAN

NAVY 

5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

D

1430
Ser 811
5  Mar 02  

-*

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS  

(BCNR)

Via : Assistant for BCNR Matter

s

(PERS

OOXCB)

COMMENTS AND RECOMMENDATIONS IN

U

THE CASE OF

Ref:

(a) BUPERSINST 1430.163

Encl:

(1) BCNR file 

#08361-01

Based on policy and guidelines established in reference

1.
(a), enclosure (1) is returned recommending approval.
2.
The documentation of NJP
which was subsequently set aside.
was never removed from his service record, which would have a
direct effect on his potential for advancement.

Offic- awarded Non-Judicial punishment,

Petty 

compete against the fiscal year
Petty Office
3.
and if selected for
tion Board,
03 Chief Petty 0
advancement, he may petition for a backdating of advancement.
He may also request consideration for a Special Selection
Board in accordance with BUPERSINST 1401.2.