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NAVY | BCNR | CY2003 | 04470-03
Original file (04470-03.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  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 

J&&zrw 
JONATHAN S. RUSKIN 
Acting Recorder 

$ 1   /zuvrk.L 

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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