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NAVY | BCNR | CY2008 | 00334-08
Original file (00334-08.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                               2 NAVY ANNEX                                                 
                                                     
WASHINGTON DC 20370-5100



HD:hd
Docket No. 00334-08
29 February 2008

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:   
REVIEW OF NAVAL RECORD

Re f :     (a) 10 U.S.C. 1552
        
        
Enc l:     ( 1)       D D F orm 1 49 dtd 6 Jan 08 at tachments
                 
(2)      PERS - 3l1 memo dtd 12 Feb 08
                 
(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 original fitness report for 1 November 2000 to 31 October 2001 (copy at Tab A) and inserting in its place the “Early Promote” fitness report for the same period provided with his application.

2.       The Board, consisting of Mses. Guill and Humberd and Wilcher, reviewed Petitioner’s allegations of error and injustice on 28 February 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 enclosure (2), the Navy Personnel Command office having cognizance over fitness report matters has commented to the effect that Petitioner’s 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 error and injustice warranting the following corrective action.

RECOMMENDATION:

a.       That Petitioner’s naval record be corrected by removing therefrom the following original fitness report:

         Period of Report
Date of Report   Reporting Senior,        From     To
         31Oct01           lNovOO  31Oct01

b.       That the “Early Promote” fitness report for 1 November 2000 to 31 October 2001, to be forwarded by this Board, be filed in place of the original report for the same period to be removed pursuant to recommendation a above.

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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