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NAVY | BCNR | CY2008 | 05296-08
Original file (05296-08.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. 05296-08
18 August 2008

   

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: @ i" iii .
REVIEW OF NAVAL RI
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 29 May 08 w/attachments
(2) PERS-311 memo dtd 9 Jul 08
(3) Subject's naval record
1.

Subject,
, filed enclosure (1) with
that the applicable naval

port for 17 October 2006 to

15 November 2007, a copy of which is at Tab B.

2. The Board, consisting of Ms. Humphrey and Messrs. W. Hicks
and Swarens, reviewed Petitioner's allegations of erro

injustice on 14 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.

r and

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),
Personnel Command (NPC)

subject matter addressed

the Navy
office having cognizance over the

in Petitioner's application has
commented to the effect that his 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 warranting the following
corrective action.

RECOMMENDATION:

a. That Petitioner's naval record be corrected by removing
therefrom the following fitness report and related material,
leaving in the record the enlisted performance evaluation report
for 17 October 2006 to 15 November 2007:

Period of Report
From To
170ct06 15Nov06

Date of Report
12Nov07

 

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

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 ke 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
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.

\o

W. DEAN PFE]
Executive Di

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