DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
HD:hd
Docket No. 08467-08
30 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
“REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 13 Aug 08 w/attachments
PERS-311 memo dtd 17 Oct 08
PERS-811 memo dtd 6 Apr 09
Subject 's fax dtd 8 Jun 09 w/enclosures
PERS-811 memo dtd 9 Jul 09
Subject's naval record
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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 modifying the marks and comments of the
enlisted performance evaluation report for 10 July 2005 to
15 March 2006 (copy at Tab A), in accordance with a letter dated
14 August 2008 from the reporting senior (at enclosure (1))
because the report erroneously reflected that he had failed the
Spring 2006 physical fitness assessment (PFA) and that this had
been his third PFA failure in four years. He further impliedly
requested retroactive advancement to BU1 (petty officer first
class/pay grade E-6) from cycle 199/March 2008.
iat HO 7} EEE and Sapa,
reviewed Petitioner's allegations of error and injustice on
30 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, naval records, and
applicable statutes, regulations and policies.
2. The Board, consisting of SR@iRipseeeiitiiecs
3. The Board, having reviewed alli 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 enclosure (2), PERS-311, the Navy Personnel Command
(NPC) office having cognizance over performance evaluations,
commented to the effect that the contested performance
evaluation report should be removed, leaving in Petitioner's
record the supplemental report the reporting senior has
submitted for the same period. Copies of the supplemental
report and the reporting senior's letter of transmittal dated 16
October 2008 forwarding that report, both of which have been
filed in Petitioner's record with the contested original report,
‘are at Tab B.
c. In enclosure (3), PERS-811, the NPC office with
cognizance over enlisted advancements, indicated additional
documentation was needed to determine if Petitioner would have
been advanced, had his record reflected the supplemental report
rather than the contested original report.
d. Enclosure (4) is the additional documentation Petitioner
submitted to assist PERS-811.
e. In enclosure (5), PERS-811 concluded that Petitioner
would have been advanced, had his report ending 15 March 2006
been corrected. Accordingly, PERS-811 recommended that his
record be corrected to show he was advanced to BU1 with a time
in rate date of 1 July 2008 and an effective date of
16 September 2008.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (5),
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 original enlisted performance evaluation
report and related material, including the transmittal letter
dated 16 October 2008, leaving in the record the supplemental
report for the same period:
Period of Report
Date of Report Reporting Senior: From To
29Mar06 LOJul65 15Maro06
b. That appropriate corrections be made to the magnetic
tape or microfilm maintained by NPC.
ec. That Petitioner's record be corrected further by
removing any service record page 13 ("Administrative Remarks")
or other entry showing he failed the Spring 2006 PFA or that
this was his third PFA failure in four years.
d. That his record be corrected further by removing any
page 13 or other entry dated on or about 15 March 2006
reflecting the withdrawal of his recommendation for advancement.
e. That his record be corrected further to show he was
advanced to BU1 (pay grade E-6) with a time in rate date of 1
July 2008 and an effective date of 16 September 2008.
f. 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.
g. 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.
P“ynrthie/ £. (L122 tin,
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.
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Foe W. ae 2 FFER
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