DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 07781-08
16 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: sy Boa
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 30 Jul 08 W/ateackmenva
(2) PERS-832B memo dtd 16 Jun 09
{3} PERS-32 memo dtd 26 Jun 09
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 November 2007 to 29 March 2008, a copy
of which is at Tab'A. He also requested removing all other
reference to his nonjudicial punishment (NJP) of 12 March 2008.
The Board did not consider this request, as his record contains
no other reference to the NJP (enclosure (2) refers).
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner's allegations of error and
injustice on 16 July 2009, 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, 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. Im correspondence attached as enclosure (3), the Navy
Personnel Command (NPC) office having cognizance over.
performance evaluations has commented to the effect that
Petitioner's request to remove the contested report 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 (3), the Board
finds the existence of an injustice 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
28Mar08 USN 16Nov07 29Mar08
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 such
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.
ac. 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 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.
Brita dd [LOO nS
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
é(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.
Ct.
ly. .G
W. BEAN PFE
Executive D
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