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 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: 04470-03
7 October 2003
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 24 Apr 03 w/attachments
(2) PERS-3 1 1 memo dtd 27 Aug 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 1 August to
15 November 2002. A copy of this report is at Tab A.
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 injustice 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
Reporting Senior
Period of Report
From
To
02Nov 15
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 of the Navy in
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.
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
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JONATHAN S. RUSKIN
Acting Recorder
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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.
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