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NAVY | BCNR | CY2008 | 05103-08
Original file (05103-08.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. 05103-08
13 February 2009

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

   

EVIEW OF NAVAL RECORD

 

Ref: (a) 10 U.S.C. 1552

Encl: (1) DD Form 149 dtd 13 May 08 w/attachments
(2) PERS-311 memo dtd 16 Jul 08 w/enclosures
(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 enlisted performance
evaluation report for 13 October 2004 to 31 March 2005. A copy

of this report is at Tab A.

2. The Board, consisting of Messrs. Butherus, Fales and
Rothlein, reviewed Petitioner's allegations of error and
injustice on 12 February 2009, and pursuant to its regulations,
determined that the corrective action indicated below should he
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 (NPC) office having cognizance over
performance evaluations commented to the effect that the
contested report should be modified, by changing the mark in
block 47 ("Retention") from "Not Recommended" to "Recommended. "
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 limited corrective action:

RECOMMENDATION:

a. That Petitioner's naval record be corrected by modifying
as follows the enlisted performance evaluation report for
13 October 2004 to 31 March 2005, dated 6 April 2005 and signed
Mw  ¢F :

  

Block 47: Change from “Not Recommended” to
“Recommended.”

b. That appropriate corrections be made to the magnetic
tape or microfilm maintained by NPC.

ec. 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.

e. That the remainder of Petitioner's request be denied.
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.

i

W.

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