DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 01174-08
8 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : ——
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 31 Jan 08 w/attachments
(2) OPNAV N134 memo dtd 5 May 08
(3) BUPERS-3 ltr dtd 3 Jul 08
(4) PERS-~311 memo dtd 18 Jul 08
(5) 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 reports for
1 February to 10 May 2006 (copy in enclosure (1)), 11 May 2006
to 31 January 2007 (copy at Tab A) and 1 February to 31 July
2007 (copy at Tab B). The Deputy Assistant Secretary of the
Navy (Military Personnel Policy) action of 7 March 2008 on
Petitioner's complaint of wrongs under Article 138, Uniform Code
of Military Justice directed removing the contested report for
1 February to 10 May 2006.
2. The Board, consisting of Ms. Humberd and Messrs. Pfeiffer
and Zsalman, reviewed Petitioner's allegations of error and
injustice on 7 August 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), (3) and
(4), the Department of the Navy offices having cognizance over
the subject matter of Petitioner's case have recommended
removing the two remaining reports at issue.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2), (3) and
(4), the Board finds the existence of an injustice warranting
the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
therefrom the following fitness reports and related material:
Period of Report
Date of Report Reporting Senior From To
31Jan07 USN 11May06 31Jan07
313u107 1Feb07 31Ju107
b. That there be inserted in Petitioner's naval record ONE
memorandum in place of both removed reports containing
appropriate identifying data; that the memorandum state that the
portion of Petitioner's fitness report record for 11 May 2006 to
31 July 2007 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 removed material.
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 ina
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.
Drrvettey 0 feA~
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.
\n ~
W. DEAN .
Executive Divyedtdr
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