DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 HD:hd
Docket No. 12104-08
19 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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REVIEW OF NAVAL RECORD (RECONSIDERATION)
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 19 Aug 08 w/attachments,
including Subject's ltr dtd 27 Oct 08
(2) BCNR ltr dtd 30 Oct 08 w/enclosures
(3) Subject's ltr dtd 12 Dec 08 w/enclosures
(4) PERS-311 memo dtd 10 Feb 09
(5) Memo for record dtd 10 Mar 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 fitness report for 16
September 2007 to 12 May 2008, a copy of which is at Tab A. As
indicated in enclosure (2), the Board denied this request on
30 October 2008. By enclosure (3), Petitioner requested
reconsideration, specifically requesting modification of the
report by removing, from block 41 (“Comments on Performance”),
reference to the revocation of his chief warrant officer
application and his end of tour award.
2. The Board, consisting of Messrs. Butherus, Delorier and
Storz, reviewed Petitioner's allegations of error and injustice
on 19 March 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,
Einds 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 (4), the Navy
Personnel Command office having cognizance over the subject
matter of Petitioner's case commented to the effect that it
warranted partial relief, specifically, modification of the
block 41 narrative to remove "and his end of tour award were
both," so the sentence concerned will read as follows: "As a
result, his Chief Warrant Officer application revoked due to his
poor personal behavior during the al -ber part of this evaluation
period.'
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (4), the Board
finds the existence of an error warranting the following limited
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
as follows the fitness report for 16 September 2007 to 12 May
2008, dated 12 May 2008 and signed by. ggaiiiN ew nine
USN:
Block 41: Delete "and his end of tour award were
both," so the corrected sentence will read as
follows: "As a result, his Chief Warrant Officer
application revoked due to his poor personal
behavior during the latter part of this evaluation
period.”
b. 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.
c. 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.
d. That the remainder of Petitioner's request be denied.
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.
Doaruzsew J. (CBA
“
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.
\ :
W. DEAN PF R
Executive D or
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