DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No: 00
6 June 2003
29-03
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: ITC
REVIEW OF NAVAL RECORD
,
us
Ref: (a)
Title 10 U.S.C. 1552
Encl:
(1)
(2)
(3)
DD Form 149 dtd 13 Jan 03 w/attachment
PERS-3 11 memo dtd 30 Apr 03
Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to a
filed enclosure (1) with this Board requesting, in effect, that the applicable
corrected by removing the fitness report for 16 September 2001 to 16 August 2
of this report is at Tab A.
Petitioner,
ecord be
1. A copy
2. The Board, consisting of Messrs.
Petitioner’s allegations of error and injustice on 5 June 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.
Caron and Lippolis and Ms. Davies, reviewed
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 the subject matter addressed in Petitioner’s application has
commented to the effect that his request has merit and warrants favorable action.
CONCLUSION:
I
Upon review and consideration of all the evidence of record, and especially in lig
contents of enclosure
(2), the Board finds the existence of an injustice warranting
following corrective action.
,
,
RECOMMENDATION:
I
a. That Petitioner ’s naval record be corrected by removing therefrom the llowing
fitness report and related material:
Date of Report
Reporting Senior
02Aug 15
Period
From
of
Report
To
~
OlSepl6
02Aug16
b. That there be inserted in Petitioner ’s naval record a memorandum in
plaue 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 of
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 report.
~the Navy in
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
confidential file maintained for such purpose, with no cross reference being made ~ a part of
Petitioner ’s naval record.
,a
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
723.6(c)) it is certified that a quorum was
Records (32 Code of Federal Regulations, Section
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
5. Pursuant to the delegation of authority set out in Section 6(e) of the revised
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
announ
foregoing corrective action, taken under the authority of reference (a), has been
the Board on behalf of the Secretary of the Navy.
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
1610
PERS-:
Apr
30
11
I 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECT
NAVAL RECORDS
iON OF
Via:
PERS/BCNR Coordinator (PERS-OOZCB)
Subj
:
Ref: (a) BUPERSINST 1610.10 EVAL Manual
Encl: (1) BCNR File
1. Enclosure (1) is returned. The member requests the removal of his fitness report for the
period 16 September 2001 to 16 August 2002.
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, block-46 is annotated with
PROVIDED ”. Per reference (a), Annex S, paragraph S-8, the member may submit
within two years of the ending date of the report.
“CERTIFDD COPY
~a statement
b. The report in question is a Detachment of Reporting Senior/Regular report. The member
alleges the report is adverse and was not afforded the opportunity to submit a statement.
c. The fitness report for the period in question was filed in error. Per reference (a), Annex S,
the report is considered adverse due to the recommendation contained in block-40 and the
comments contained in block-4 1. There is no documentation the reporting senior informed the
member the report was adverse and required his signature vice
PROVIDED ”.
“CERTIFIED COPY
3. While we are always reluctant to recommend removal of a fitness report, we recommend
relief because the report contains adverse matter and was filed improperly.
- Performance
Evaluation Branch
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