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NAVY | BCNR | CY2003 | 00251-03
Original file (00251-03.pdf) Auto-classification: Approved
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. 

Evaluation Branch 



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