DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD :hd
Docket No. 09691-08
21 January 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: (1) DD Form 149 dtd 24 Sep 08 w/attachments
(2) PERS-311 memo dtd 12 Nov 08
(3) Subject's naval record
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
23 October 2006 to 31 January 2007, a copy of which is at Tab A.
In the event that request is disapproved, he requests that his
letter in support of his application, together with its
enclosures, be filed in his record.
2. The Board, consisting of Ms. LeBlanc and Messrs. Pfeiffer
and Sproul, reviewed Petitioner's allegations of error and
injustice on 15 January 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.
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 has recommended approving Petitioner's request to remove
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 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
3 Feb 07 mM 23 Oct 06 31 Jan 07
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 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.
POPPE , Joe FER
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.
“Red D fo
Fat w. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2008 | 11036-08
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 27 September to 7 December 2006 (copy at Tab A), and replacing it with a "not observed" report for the same period. The Board, consisting of Messrs. Boyd, Ivins and Rothlein, reviewed Petitioner's allegations of error and injustice on 8 January 2009, and...
NAVY | BCNR | CY2008 | 00356-08
It is requested that this Board be furnished a copy of any correspondence relating to the enclosure; and that this letter and a copy of the enclosure be returned to the Board, together with any documentary material directed to be removed.Bydirection DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS2NAVYANNEX WASHINGTON DC 20370-5 100JSR Docket No. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed all the...
NAVY | BCNR | CY2008 | 00366-08
After he had submitted his application, he also failed of selection by the FY 2009 Lieutenant Colonel Selection Board. Enclosure (2) is the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) in Petitioner’s case. In correspondence attached as enclosure (3), the HQMC Officer Counseling and Evaluation Section (NNOA-4) commented to the effect that the PERB action did not support removing Petitioner’s failure of selection by the FY 2008 Lieutenant Colonel...
NAVY | BCNR | CY2009 | 10410-09
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BUG Docket No: 10410-09 12 February 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: _ REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written _ application, enclosure (1), with this Board, in effect, that the applicable naval record be corrected to show...
NAVY | BCNR | CY2007 | 06305-07
Petitioner’s application at enclosure (1) includes a letter dated 2 July 2007 from the reporting senior stating the following:The initial report for this period was mailed to BUPERS [Bureau of Naval Personnel] without my approved corrections to the draft report. He notes that his PSR entry for the period in question does not reflect, as it should, that supplemental material has been submitted, but that this error will not have to be corrected if his request is approved.MAJORITY...
NAVY | BCNR | CY2008 | 09614-08
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 to show the date of rank and effective date of her promotion to lieutenant as 1 February 2008, vice 1 October 2008. LeBlanc and Wilcher and Mr. Sproul, reviewed Petitioner's allegations of error and injustice on 15 January 2009, and pursuant to its regulations, determined that the corrective...
NAVY | BCNR | CY2008 | 10747-08
The Board, consisting of Ms. LeBlanc and Messrs. Pfeiffer and Sproul, reviewed Petitioner's allegations of error and injustice on 15 January 2009, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That any material or entries inconsistent with 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...
NAVY | BCNR | CY2007 | 11022-07
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 to show the date of rank and effective date of his promotion to lieutenant as 1 September 2007, vice 1 October 2007.2. The Board, consisting of Ms. Wilcher and Messrs. Dietrich and Pfeiffer, reviewed Petitioner’s allegations of error and injustice on 5 June 2008, and pursuant to its regulations,...
NAVY | BCNR | CY2007 | 09639-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 12 September 2003 to 8 June 2004, a copy of which is at Tab A; removing her failures of selection by the Fiscal Year (FY) 06, 07 and 08 Line Captain Selection Boards; and granting her a special selection board for the FY 06 Line Captain...
NAVY | BCNR | CY2007 | 9639-07
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that the applicable naval record be corrected by removing the fitness report for 12 September 2003 to 8 June 2004, a copy of which is at Tab A; removing her failures of selection by the Fiscal Year (FY) 06, 07 and 08 Line Captain Selection Boards; and granting her a special selection board for the FY 06 Line Captain...