DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No:
6 June 2003
)
OOp36-03
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 17 Jan 03 w/attachments
(2) PERS-311 memo dtd 21 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 enlisted performance evaluation report for 16 March to
9 June 2001. A copy of this report is at Tab A.
2. The Board, consisting of Messrs.
Petitioner’s allegations of error and injustice on
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.
Caron and Lippolis and Ms. Davies, reviewed
5 June 2003, and pursuant to its regulations,
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.
In correspondence attached as enclosure
(2), the Navy Personnel Command office
b.
having cognizance over the subject matter addressed in Petitioner’s application has
commented to the effect that his request has merit and warrants favorable action.
(
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action,
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing therefrom the following
enlisted performance evaluation report and related material:
I
Date of Report
Reporting Senior
OlJun09
C
Period
From
of Repo
To
t
f
I
OlMar16
OlJun09
b. That there be inserted in Petitioner ’s naval record a memorandum in place of the
removed report, containing appropriate identifying data concerning the report; that such
memorandum state that the report has been removed by order of the Secretary
accordance with the provisions of federal law and may not be made available to
boards and other reviewing authorities; and that such boards may not conjecture or draw any
inference as to the nature of the report.
ofi the Navy in
s&&ion
C. That appropriate corrections be made to the magnetic tape or microfilm maintained
by the Navy Personnel Command.
d. 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
e. 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
Jk
JONATHAN S.
Acting Recorder
qa
RUSKIN
& n / d , - L
2
5. Pursuant to the delegation of authority set out in Section 6(e) of the
the Board for Correction of Naval Records (32 Code of Federal Regulations,
723.6(e)) and having assured compliance with its provisions, it is hereby
foregoing corrective action, taken under the authority of reference (a), has been
the Board on behalf of the Secretary of the Navy.
3
DEPARTMENT OF THE NAVY
D
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
1610
PERS-:
Apri
21
11
.2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECT
NAVAL RECORDS
ON OF
Via:
PERSBCNR Coordinator
(PERS-OOZCB)
.
Subj: EM1 (S
Ref: (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his performance evaluation
for the period 16 March 2001 to 9 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. Per reference (a), Annex S,
paragraph S-8, the member has two years
statement.
from the ending date of the report to submit a
b. The report in question is a Special/Regular report.
c. Further review of the report in question revealed the report was filed in error. Per
reference (a), Annex B, the Commanding Officer must sign any report that withdraws a
recommendation for enlisted advancement
been received.
after advancement authorization for the member has
d. The member proves the report to be unjust.
3. We recommend the report in question be removed from the member
’s record.
_._..
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