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NAVY | BCNR | CY2003 | 03457-03
Original file (03457-03.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD  F O R C O R R E C T I O N   OF  N A V A L R E C O R D S  

2  NAVY  ANNEX 

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

HD: hd 
Docket No:  03457-03 
7 October 2003 

From:  Chairman, Board  for Correction of  Naval Records 
To: 

Secretary of  the Navy 

Ref: 

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

Encl: 

(1)  DD Form  149 dtd 4 Apr  03 wlattachments 
(2)  PERS-3 1 1 memo dtd  8 Sep 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  11 September to 
15 November  2001, leaving in  his record the report for  11 September 2001 to 6 May 2002. 
Copies of  these reports are at Tabs A  and B,  respectively. 

2.  The Board,  consisting of  Mses.  Gilbert and  Schnittman and Mr.  Pfeiffer, reviewed 
Petitioner's allegations of  error and injustice on 2 October 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 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 (2), the Board  finds the existence of  an error warranting the following 
corrective action. 

RECOMMENDATION: 

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

enlisted performance evaluation report and  related material: 

Date of  Report 
4 Jan 02 

Re~orting Senior 

USN 

Period of  Report 
To 

From 
11 Sep 01  15 Nov  01 

b.  That NO  memorandum be filed in place of  the removed report, as the report for 

11 september=l 

to 6 May  2002 makes it unnecessary for continuity. 

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'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. 

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 

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. 

Executive Director 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

1610 
PERS-3 1 1 
8 September 2Q03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  PERS/BCNR Coordinator (PERS-OOZCB) 

A@" 
Subj:  gK1 (A-., 

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 performance evaluation 
for  the period  11 September  2001 to  15 November 2001  leaving in  his record  a report  for the 
period  1 1 September 2001 to 6 May 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. 
The member signed both reports  acknowledging the contents of each and his right to submit a 
statement.  The member did not desire to submit a statement. 

b.  The report in question is a Periodic/NOB/Regular report. 

c.  Further  review  of  the  member's  headquarters  record  revealed  he  transferred  from 
COMPATRECONFORPAC on  6  May  2002.  Reference  (a), Annex  D,  paragraph  D-4  states; 
"Omission  of Periodic Report.  If the member received an Observed Regular report ending no 
more than three months prior to the Periodic report date, the Periodic report may be omitted.  If 
omitted, include the period in the next Regular report".  Reference (a), Annex G, states observed 
reports are desired if any fair and meaningful evaluation or recommendation can be made. 

d.  The member proves the report to be unjust. 



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