DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD: hd
Docket No. 06602-08
25 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 12 Jun 08 w/attachments
(2) PERS-311 memo dtd 5 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 enlisted performance
evaluation report for 16 June to 20 September 2007, a copy of
which is at Tab A.
2. The Board, consisting of Ms. Wilcher and Messrs. Cooper and
Sproul, reviewed Petitioner's allegations of error and injustice
on 21 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 Petitioner's previous case, docket number 01525-08,
her enlisted performance evaluation report for 1 September 2006
to 15 June 2007, from the same reporting senior at the same
station where she received the currently contested report, was
removed and replaced by a memorandum.
c. In correspondence attached as enclosure (2), the Navy
Personnel Command (NPC) office having cognizance over the
subject matter addressed in Petitioner's application has
commented to the effect that her 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 enlisted performance evaluation report
and related material:
Period of Report
Date of Report Reporting Senior From To
20Sep07 16Jun07 20Sep07
b. That the memorandum previously filed in place of the
removed enlisted performance evaluation report for 1 September
2006 to 15 June 2007 be removed and replaced by a revised
memorandum containing appropriate identifying data; that such
memorandum state that the portion of Petitioner's performance
record for 1 September 2006 to 20 September 2007 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 removed material.
c. That appropriate corrections be made to the magnetic
tape or microfilm maintained by NPC.
d. 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.
e. 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
Docket No. 6581-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 24 month NAVPERS 1070/621 extension agreement, operative
on or about 12 November 2007, is null and void.
b. The Petitioner was discharged and reenlisted on 10/11
November 2007, vice on or about 8/9 November 2007. The term is 4
years.
c. This change will entitle the member to a zone “A” SRB with an
award level of 5.0 for the IS/3924 rate/NEC.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. It is certified that 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 WILLIAM J. HESS
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.
3 September 2008 Lah (
W. DEAN P F
»
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