Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 00601-07
Original file (00601-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION:OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2Q37O~5IOO


 HD:hd
Docket No. 00601-07
10 May 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
          REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 10 Jan 07 w/attachments
 (2)      PERS-311 memo dtd 25 Apr 07
(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 16 November to 8 December 2004, a copy of which is at Tab A.

2.       The Board, consisting of Mses. Mann and Willis and Mr. Dietrich, reviewed Petitioner’s allegations of error and injustice on 10 May 2007, 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 (NPC) office with cognizance over the subject matter of Petitioner’s case has commented to the effect her 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.



RECONMENDATION:
a.       That Petitioner’s naval record be corrected by removing there from the following enlisted performance evaluation report:
          Period of Report
          Date of Report   Reporting Senior         From     To
          31Jan05           16Nov04 8Dec04
                  USNR
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 NPC.
d.       That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, remove dor completely expunged from Petitioner’ s record and that no such entries or material be added to the record in the future.
e.       That anymaterial directed tobe 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 apart of Petitioner’s naval record.

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.


DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                             MILLINGTON TN 38055-0000

                            1610
                                                                                  PERS-311
                                                                                 25 April 2007


 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     PERS/BCNR Coordinator (PERS-3 1 C)
Ref:     (a) BU7PERSINST 1610.1 OA (EVALMAN)
End:     (1) BCNR File 00601-07 w/Service record
1.       Enclosure (1) is returned. The member requests the removal of his performance evaluation report for the period 16 November 2004 to 8 December 2004.
2.       Based on our review of the material provided, we find the following:
a.       The report in question is an adverse Special/Regular report ending 8 December 2004. The member requests the report be removed from his record due to the subsequent mitigation of NJP by Navy Recruiting District, frying Texas on 1 April 2005. The NJP was not set aside but the reduction in rate was mitigated on 1 April 2005, which was the justification given for submission of the “Special” report in question.
b.       In view of the comments in enclosure (1), we recommend the performance evaluation for the period 16 November 2004 to 8 December 2004 be removed from the member’s record.
c.       The member does prove the report to be in error.
3.       We recommend the member’s record remain unchanged d ept as indicated above.



BONITA ARCHIE
                  Operations Manager

Similar Decisions

  • NAVY | BCNR | CY2005 | 04311-05

    Original file (04311-05.rtf) Auto-classification: Approved

    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 fitness report for 16 September to 12 November 2004 (copy at Tab A). By memorandum of 18 April 2005 (copy in enclosure (1)), the general court-martial authority (GCMA) concluded “the issue is moot” in light of Petitioner’s command’s message to the Navy Personnel Command (NPC),...

  • NAVY | BCNR | CY2007 | 03894-07

    Original file (03894-07.pdf) Auto-classification: Approved

    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 27 August 2003 to 23 March 2004. CONCLUSION: Upon review and consideration of all the evidence of record, notwithstanding the contents of enclosure (2), and especially in light of the admiral's statement, the Board finds an...

  • NAVY | BCNR | CY2006 | 00633-06

    Original file (00633-06.rtf) Auto-classification: Approved

    Petitioner contends the contested report, submitted on her detachment, violated the prohibitions in Chief of Naval Operations Instruction 6000.1B against adverse performance evaluations by reason of pregnancy or performance evaluation comments on pregnancy.d. e. Per enclosure (2), the uncorrected report in question was accepted as originally submitted to the member’s record, attached with an NAVPERS 1616/23 (Memo) over 9 months after the report had been issued to the member. The comments...

  • NAVY | BCNR | CY2001 | 06686-01

    Original file (06686-01.pdf) Auto-classification: Approved

    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 reports for 16 November 1996 to 15 November 1997 and 16 November 1997 to 9 April 1998 and related material. ’s request to CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice...

  • NAVY | BCNR | CY2002 | 08361-01

    Original file (08361-01.pdf) Auto-classification: Approved

    Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by removing both the “not observed” and observed enlisted performance evaluation reports for 1 December 1994 to 30 January 1995, the performance evaluation report for 31 January 1995 to 5 March 1996, and the service record page 9 (Enlisted Performance Record) whose last entry is the entry” for 1 December 1994 to 30 January...

  • NAVY | BCNR | CY2007 | 02330-07

    Original file (02330-07.pdf) Auto-classification: Approved

  • NAVY | BCNR | CY2007 | 05932-07

    Original file (05932-07.rtf) Auto-classification: Approved

    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 fitness report for1 February to 20 March 2006 and related material, a copy of which is at Tab A.2. The Board, consisting of Ms. Humberd and Messrs. Boyd and Neuschafer, reviewed Petitioner’s allegations of error and injustice on 10 January 2008, and pursuant to its regulations,...

  • NAVY | BCNR | CY2001 | 01125-01

    Original file (01125-01.pdf) Auto-classification: Approved

    Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that his naval record be corrected by removing the enlisted performance evaluation report for 1 December 1995 to 15 November 1996 (copy at Tab A to consideratil3n for advancement to pay grade E-7. The Board, consisting of Messrs. Adams, Schultz, and Zsalman, reviewed Petitioner allegations of error and injustice on 24 May 2001, and pursuant to its regulations,...

  • NAVY | BCNR | CY2002 | 02175-02

    Original file (02175-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that the applicable naval record be corrected by completely removing the fitness reports for 2 May to 31 October 2000 and 1 November 2000 to 22 January 2001, copies of which are at Tab A. “ongoing security investigation ” from the fitness report CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of...

  • NAVY | BCNR | CY2009 | 00148-09

    Original file (00148-09.pdf) Auto-classification: Approved

    e. Enclosure (3) is Petitioner's reply to enclosure (2), maintaining that the contested report should be removed, as it would not have been submitted, had the STENNIS report not been temporarily lost. f. In enclosure (4), PERS-811, the NPC enlisted advancements office, noted that including the STENNIS report in Petitioner's PMA computation would not have changed the result, as that report was 3.8, which was Petitioner's PMA (his PMA was computed using the average of the contested 3.6 report...