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NAVY | BCNR | CY2007 | 05932-07
Original file (05932-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 2O37O~5IOO



HD:hd
Docket No. 05932-07
17 January 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         NAVAL RE C ORD S



Ret:     (a) 10 U.S.C. 1552
         Enci.    (1)      DD Form 149 dod 18 Jun w /attachments
                 
(2)      OPNAV N134 memo dtd 27 Sep 07 w/refs (h) and (‘~
                 
(3)      PERS-00J ltr dtd 30 Nov 07
                 
(4)      PERS-31l memo dtd 10 Dec 07
                 
(5)      Rept of Investigation dtd 3 Mar 06
                  (6)      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 fitness report for
1 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, 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 enclosures (2) and (3), OPNAV N134, the Chief of Naval Operations equal opportunity office, and PERS-OOJ, the Navy Personnel Command (NPC) legal office, commented to the effect Petitioner’s request has merit and warrants favorable action. Enclosure (2) noted the reporting senior admitted, in enclosure (6) to Petitioner’s application, that the investigation conducted had found none of the allegations against Petitioner to be substantiated.

c.       In enclosure (4), PERS-311, the NPC office with cognizance over performance evaluations, commented to the effect Petitioner’s request should be denied, as he had not proven the contested report to be unjust or in error. PERS-311 stated he had provided no “official” documentation to substantiate the findings of the investigation. However, enclosure (5) , the report of the investigation, verifies that the allegations were determined to be unfounded.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2), (3) and (5), and notwithstanding enclosure (4), the Board finds an injustice warranting the following corrective action:

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected by removing therefrom the following fitness report and related material:
         Period of Report
Date of Report   Reporting Senior         From    To
20Mar06                  1Feb06   20Mar06

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 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.

c.       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.

d.       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.





                                                                                
W. DEAN PFEIFFER
                                                                                 Executive Director

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