DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
HD:hd
Docket No. 00167-10
43 March 2010
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 Nov 09 w/attachments
(2) PERS-32 memo dtd 18 Feb 10 w/attachments
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 March to 1 October 2005, a copy of
which is at Tab A, leaving in his record the report for 16 March
to 4 October 2005, a copy of which is at Tab B.
2. The Board, consisting of Messrs. Grover, McBride and Sproul,
reviewed Petitioner's allegations of error and injustice on
11 March 2010, 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 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 enclosure (2), the Navy Personnel Command (NPC}
office having cognizance over the subject matter of this case
commented to the effect 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
the following enlisted performance evaluation report, leaving in
the record the report for 16 March to 4 October 2005:
Period of Report
Date of Report Reporting Senior _ From To
27Sep05 i 16Mar05 10cto5
b. That NO memorandum be filed in place of the evaluation
report to be removed, as this report is not needed to maintain
continuity in Petitioner's record.
c. 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.
Seraph al f (Aaorn~
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 PFEIF
Executive Di ter
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