DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 08489-
05
20 October 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: LCDR UsN,
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
End: (1) BCNR file, docket no 4576-03
(2) Subject’s recon request dtd 13 Oct 05 w/encls and end
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written application
dated 11 May 2003, at enclosure (1), with this Board requesting, in
effect, that the applicable naval record be corrected by removing the
request of 13 September 1999 for his detachment for cause (DFC) and
all related correspondence (copy at Tab A) and the fitness report for
14 February to 27 August 1999 (copy at Tab B) that refers to the DFC.
As shown in enclosure (1), the Board denied this request on 15
October 2004. In light of the new and material supporting statements
Petitioner submitted with enclosure (2), his case was reopened.
2. The Board, consisting of Ms. Guill and Messrs. Neuschafer and
Novella, reviewed Petitioner’s allegations of error and injustice on
20 October 2005, 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.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially
in light of the new supporting statements provided at enclosure (2), the
Board finds the existence of an injustice warranting the following
corrective action.
RECONMENDAT ION:
a. That Petitioner’s naval record be corrected by removing the
request of 13 September 1999 for his DFC, together with all related
correspondence.
b. That Petitioner’s naval record be corrected further by removing
therefrom the following fitness report and related material:
Period of Report
Date of Report Reporting Senior From To
26 Aug 99 14 Feb 99 27 Aug 99
c. 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 the 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.
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, f or retention in a confidential file maintained for such
purpose, with no crass reference being made a part of Petitioner’s naval
record.
2
4. 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 JONATHAN S. RUSKIN
Recorder 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.
W. DEAN PFE:
Executive Di
3
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