DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 07615-08
15 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
o)): hii eentinee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 atd 30 Jul 08 w/attachments
(2) PERS-311 memo dtd 21 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 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. Copies of
the original report, the letter of transmittal, and the
supplemental report are at Tabs A, B and C, respectively.
2. The Board, consisting of Messrs. Hess, Pfeiffer and Zsalman,
reviewed Petitioner's allegations of error and injustice on
11 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. 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 the 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 and injustice warranting the
following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
therefrom the following original enlisted performance evaluation
report and related material, including the transmittal letter
dated 29 July 2008, leaving in the record the supplemental
report for the same period:
Period of Report
Date of Report Reporting Senior From TO
L5Apr08 16Apr07 15Apro08
b. That appropriate correction 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.
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.
Da J. LaF
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.
Weasel?
W. DEAN PFE
Executive D thor
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