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)
NAVY | BCNR | CY2007 | 06305-07
Petitioner’s application at enclosure (1) includes a letter dated 2 July 2007 from the reporting senior stating the following:The initial report for this period was mailed to BUPERS [Bureau of Naval Personnel] without my approved corrections to the draft report. He notes that his PSR entry for the period in question does not reflect, as it should, that supplemental material has been submitted, but that this error will not have to be corrected if his request is approved.MAJORITY...
NAVY | BCNR | CY2007 | 08643-07
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 May to 17 August 2006, together with a letter-supplement and 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. The Board, consisting of Messrs. W....
NAVY | BCNR | CY2014 | NR2080 14
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 31 January to 1 December 2012, together with a ietter transmitting a supplemental report for the same period, so chat the supplemental report will be the only report in the record for this period. The Board, consisting of Messrs. Chapman, Marquez and...
NAVY | BCNR | CY2012 | 01103-12
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 §. 2 The Board, consisting of Messrs. Chapman, Silberman and Storz, reviewed Petitioner's allegations of error and injustice on 1 March 2012, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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...
NAVY | BCNR | CY2008 | 08467-08
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 modifying the marks and comments of the enlisted performance evaluation report for 10 July 2005 to 15 March 2006 (copy at Tab A), in accordance with a letter dated 14 August 2008 from the reporting senior (at enclosure (1)) because the report erroneously reflected that he had failed the Spring...
NAVY | BCNR | CY2010 | 03437-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 HD :hd Docket No. The Board, consisting of Messrs. Geberth, Pfeiffer and Silberman, reviewed Petitioner's allegations of error and injustice on 26 January 2011, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner's naval record be corrected by removing therefrom the following original...
NAVY | BCNR | CY2014 | NR11 14
In the transmittal letter, the reporting senior explains that all original reports were erroneously submitted with the same “Promotable” promotion recommendation. That Petitioner's naval record be corrected by removing the following original fitness report and related material, inciuding the letter of transmittal dated 10 July 2013, leaving in the record the supplemental report covering the same period: Period of Report Date of Report Reporting Senior From To Wie) Feb 12 O01 Dec 12 15 Dec...
NAVY | BCNR | CY2003 | 01286-03
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 enlisted performance evaluation report for 16 September 2001 to 15 September 2002 and the letter of transmittal forwarding both a supplemental report for the same period and a "FitreplEval Summary Letter," so that the supplemental report will be the only report in his...
NAVY | BCNR | CY2008 | 07615-08
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 enlisted performance evaluation report for 16 April 2007 to 15 April 2008 and the letter of transmittal forwarding a supplemental report for the same period, so that the supplemental report will be the only report in his record for the period involved. The Board,...
NAVY | BCNR | CY2008 | 08777-08
In enclosures (2) and (3), OPNAV N135 and the NPC office with cognizance over fitness reports, respectively, commented to the effect Petitioner's requests should be denied. e. In enclosure (6), the NPC office with cognizance over fitness reports noted that Petitioner's reporting senior had declined to submit a supplemental report, notwithstanding the PRIMS correction. In enclosure (9), that office noted the fitness report corrections recommended in enclosure (6} and stated hig SSB request...