DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
HD:hd
Docket No. 03330-07
27 January 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
en
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
ECL: (2) DD Form 149 dta 27 Mar 07 w/attachments
(2) OPNAV N135 memo dtd 14 Jun 07 w/enclosures
PERS-311 memo dtd 25 Jun 07
PERS-311 e-mail dtd 22 Jan 08
(4)
)} Subject's naval record
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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 taking unspecified corrective action
regarding the enlisted performance evaluation report for
16 November 2005 to 15 November 2006, a copy of which is at Tab
A. He also impliedly requested removing any service record page
13 ("Administrative Remarks") entries dated on or about
15 November 2006 concerning the withdrawal of his recommendation
for advancement or his having failed the physical fitness
assessment (PFA) a third time in the previous four years.
2. The Board, consisting of Mses. LeBlanc and Epstein and Mr.
Washington, reviewed Petitioner's allegations of error and
injustice on 25 January 2008, 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. The aspects of the contested performance evaluation
report to which Petitioner objects are the block 36 ("Military
Bearing/Character") mark of "1.0" (lowest of five possible
marks), the block 43 ("Comments on Performance") comment "*36
Failed Spring 2006 PFA (third ina four-year period) due to BCA
[body composition assessment]," the block 45 (“Promotion
Recommendation-Individual”) mark of "Significant Problems"
(lowest of five possible marks) and the block 47 ("Retention")
mark of “not recommended."
c. In correspondence attached as enclosure (2), OPNAV
(N135), the Office of the Chief of Naval Operations office with
cognizance over the Physical Readiness Information Management
System (PRIMS), commented to the effect that the PRIMS shows
Petitioner actually had only two PFA failures in the last four
years when the contested performance evaluation report was
submitted. Accordingly, that office recommended modifying the
report by removing the statement regarding three PFA failures.
d. In correspondence attached as enclosure (3), PERS-311,
the Navy Personnel Command office with cognizance over
performance evaluations, commented to the effect that block 43
of the contested report should be modified to state Petitioner
had only two PFA failures in the last four years. PERS-311
further recommended that the reporting senior reconsider the
marks in blocks 36 and 45 and correct them via a letter-
supplement or revised report.
e. In correspondence at enclosure (4), PERS-311 advised
they had been unable to contact the reporting senior, so they
recommended removing the contested report.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (4), the Board
finds the existence of an error and 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:
Period of Report
Date of Report Reporting Senior From To
12Jan07 ye L6Nov05 15Nov06
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 Commsnd.
d. That Petitioner's record be corrected further by
removing any service record page 13 ("Administrative Remarks")
entries dated on or about 15 November 2006 concerning the
withdrawal of his recommendation for advancement or his having
failed the PFA a third time in the previous four years.
e. 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.
f. 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, 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.
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