DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
HD: hd
Docket No: 0025 1-03
8 September 2003
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 5 Dec 02 wlattachments
(2) PERS-311 memo dtd 19 Apr 03
(3) 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 6 November to 30 November 1996, a copy of
which is at Tab A.
2. The Board, consisting of Messrs. Adams, Geisler and Zsalman, reviewed Petitioner's
allegations of error and injustice on 28 August 2003, 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 (2), the Navy Personnel Command office
having cognizance over fitness report matters has recommended approving Petitioner's request
to correct his fitness report record.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure (2), the Board finds the existence of an injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing therefrom the following
fitness report and related material:
Date of Report
Reporting Senior
Period
From
of Report
To
CDR
---
~
U
S
96Nov06
N
b. That NO memorandum be filed in Petitioner's naval record to replace the removed
report, as this report is not needed for continuity.
c. That any material or entries inconsistent with or relating to the Board's
recommendation be corrected, removed or completely expunged from Petitioner's record and
that no such entries or material be added to the record in the future.
d. 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
d. /zL&4
JONATHAN S. RUSKIN
Acting Recorder
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.
W. DEAN Direc PFvfr
Executive
r
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
1610
PERS-3 1 1
19 April 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: PERSIBCNR Coordinator (PERS-OOZCB)
Subj: L-
,
U-
Ref: (a) BUPERSINST 16 10.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his fitness report for the
period 6 November 1996 to 30 November 1996.
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 not signed by the member, however, it is a Not Observed report, therefore the member
signature was not required since the report was not adverse.
b. The report in question is a SpeciaYRegular report.
c. The fitness report in question was filed in emor. It does not meet the criteria for a special
report. The report does not indicate why the special report was submitted. The member's next
r~pnrt is a p~riodic regulm rrpnrt that covers the period 6 Novemher 1996 to 28 Fehnwy 1997
which over lapps the report in question.
d. The member proves the report to be unjust.
3. We recommend the report in question be removed fi-om the member's record. After the
removal continuity will still be maintained.
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