DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 06556-08
29 August 2008
Chairman, Board for Correction of Naval Records
From:
To: Secretary of the Navy
Subj: 7a neg ee aa
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 20 Jun 07 (sic)
(2) PERS-311 memo dtd 11 Aug 08
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 report for 1 October
2006 to 17 July 2007 (copy at Tab A) and changing the ending
date of the report for 1 October 2006 to 31 January 2007 (copy
at Tab B) from 31 January 2007 to 17 July 2007.
2. The Board, consisting of Ms. Guill and Messrs. McBride and
Shy, reviewed Petitioner's allegations of error and injustice on
28 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 enclosure (2), the Navy
Personnel Command office having cognizance over fitness report
matters commented to the effect that the contested report should
be removed, but the ending date of the report for 1 October 2006
to 31 January 2007 should not be changed, rather, a continuity
memorandum should replace the contested report.
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 removing
therefrom the following fitness report and related material:
Period of Report
Date of Report Reporting Senior From To
2Aug07 10ct06 177u107
b. That there be inserted in Petitioner's naval record a
memorandum in place of the removed report containing appropriate
identifying data concerning the report; that the memorandum
state that the report 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 report.
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.
e. That the remainder of Petitioner's request be denied.
4. It is certified
review and deliberat
that a quorum was present at the Board's
ions,
and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
5.
6(e) of the revised
Naval Records (32 Co
and having assured c
announced that the f
authority of referen
behalf of the Secret
JONATHAN S. RUSKIN
Acting Recorder
Pursuant to the delegation of authority set out in Section
procedures of the Board for Correction of
e of Federal Regulations, Section 723.6(e))
mpliance with its provisions, it is hereby
regoing corrective action, taken under the
e (a), has been approved by the Board on
ry of the Navy.
AN PFE
Executive Di
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