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NAVY | BCNR | CY2008 | 01485-08
Original file (01485-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

HD:hd
Docket No. 01485-08
22 September 2008

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

     

 

 

 

Subj: ——aae we
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 25 Jan 08 w/attachments

 

 

(2) PERS-311 memo dtd 13 Mar 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 his naval record be
corrected by removing the original fitness report for 1 November
2004 to 3 June 2005, together with a letter transmitting a
supplemental report for the same period, so that the
supplemental report will be the only report in the record for
this period. Copies of the original report, the letter of
transmittal and the supplemental report are at Tabs A, B and Cc
respectively.

2. The Board, consisting of Ms. Humberd and Messrs. Boyd and W.
Hicks, reviewed Petitioner's allegations of error and injustice
on 18 September 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. Enclosure (1) was filed in a timely manner.
c. The supplemental report is substantially more favorable
to Petitioner than the original, in both marks and comments.
The reporting senior's letter of 25 January 2007 by which he
transmitted the supplemental report states, in paragraph 2.b,
the following:

Had this officer's OIC [officer in charge] used
proper judgment and procedures, [Petitioner] would
not have been placed in an untenable position of
having to choose between failure to accomplish a
major OSD [Office of the Secretary of Defense]
-funded project on time; or to instead, take a
personal risk to accomplish the mission by making
a time-sensitive unauthorized funding commitment.
He chose the latter which was later ratified by a
contracting officer as justifiable.

dad. In correspondence attached as enclosure (2), the Navy
Personnel Command office having cognizance over officer fitness
reports has commented to the effect that Petitioner's request
should be denied, as supplemental fitness reports do not
routinely replace original reports.

CONCLUSION:

Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (2), and especially in light of the
reporting senior's stated basis for submitting the supplemental
report, the Board finds an injustice warranting for following
corrective action:

RECOMMENDATION :

 

a. That Petitioner's naval record be corrected by removing
therefrom the following original fitness report and related
material, including the transmittal letter dated 25 January
2007, leaving in the record the supplemental report covering the
same period:

 

Period of Report
Date of Report Reporting Senior From To

 

2473un05 1Nov04 3Jun05

b. 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.

c. 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.

 

ae
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder

5. The foregoing report of the Board is submitted for your
review and action.
\s .
INK F

Reviewed and approved:
—
QVws. CQz
S- VS~- OB

Robert T. Cali
Assistant General Counsel
Manpower and Reserve Affairs)

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