DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 00375-09
6 March 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 14 Jan 09 w/attachment
(2) PERS-311 memo dtd 10 Feb 09 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 reports for 16 October to 13 November 2006 and
14 November 2006 to 15 March 2007. The Navy Personnel Command
(NPC) has removed the report for 16 October to 13 November 2006,
replaced it with a memorandum (NAVPERS 1616/23), and filed a
performance evaluation report in Petitioner's current grade of
NC1 for 16 October 2006 to 2 December 2007. Copies of the
NAVPERS 1616/23 and the contested report for 14 November 2006 to
15 March 2007 are at Tabs A and B, respectively.
2. The Board, consisting of Ms. Guill and Messrs. Grover and
McBride, reviewed Petitioner's allegations of error and
injustice on 5 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,
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 ag enclosure (2), the NPC
office with cognizance over the subject matter of Petitioner’s
case has commented to the effect his request has merit and
warrants favorable action, specifically recommending removal of
the NAVPERS 1616/23 and the report for 14 November 2006 to 15
March 2007.
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 NAVPERS 1616/23 relating to the removed enlisted performance
evaluation report for 16 October to 13 November 2006.
b. That his record be corrected further by removing the
following enlisted performance evaluation report:
Period of Report
Date of Report Reporting Senior From To
20Mar07 aac ea 1 NOV 06 15Mar07
b. That NO memorandum be filed in place of the report to be
removed.
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.
Arnie € (tadcin
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.
\ee Qh!
W. DEAN PF
Executive D r
NAVY | BCNR | CY2008 | 11416-08
11416-08 9 October 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. 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 revising the enlisted performance’ evaluation report for 21 August 2007 to 15 March 2008 (copy at “Tab A). That any material directed to...
NAVY | BCNR | CY2009 | 05064-09
The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner’s allegations of error and injustice on 28 September 2009 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. However, because the command failed to submit a message withdrawing his recommendation to NPC and NETPDTC, prior to his advancement date, the Petitioner started to receive E-5 pay effective 16 August 2008,...
NAVY | BCNR | CY2006 | 00633-06
Petitioner contends the contested report, submitted on her detachment, violated the prohibitions in Chief of Naval Operations Instruction 6000.1B against adverse performance evaluations by reason of pregnancy or performance evaluation comments on pregnancy.d. e. Per enclosure (2), the uncorrected report in question was accepted as originally submitted to the member’s record, attached with an NAVPERS 1616/23 (Memo) over 9 months after the report had been issued to the member. The comments...
NAVY | BCNR | CY2008 | 09713-08
The Board, consisting of Messrs. Pfeiffer, Zsalman, and George, reviewed Petitioner's allegations of error and injustice on 28 September 2009 and, pursuant to its regulations, determined that the partial corrective action indicated below should be taken on the available evidence of record. Petitioner was never advanced to E-5. The Board finds that although Petitioner was not actually advanced to E-5/CTI2, but only “frocked” to an E-5, she was still continuously affiliated with the naval...
NAVY | BCNR | CY2009 | 02370-09
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 1 February to 17 August 2006 (copy at Tab A) and modifying the report for 1 February 2007 to 31 January 2008 (copy at Tab B) by changing the body composition entry in block 20 ("Physical Readiness") from "NS" (not within standards) to "MW" (medically waived),...
NAVY | BCNR | CY2013 | NR3163-13
Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that his selection to Chief Petty Officer/E-7 be reinstated effective 16 August 2011. The Board, consisting of Messrs. Pfeiffer, Zsalman and George, reviewed Petitioner’s allegations of error and injustice on 20 August 2013 and, pursuant to its regulations, determined that the corrective action indicated below should be taken...
NAVY | BCNR | CY2008 | 08467-08
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 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...
NAVY | BCNR | CY2009 | 10301-09
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 June 2007 to 15 June 2008 (copy at Tab A) and the service record page 13 ("Administrative Remarks") entries dated 25 February and 17 June 2008 (copies at Tab B); and advancing her to SK2 (pay grade E-5). The Board, consisting of...
NAVY | BCNR | CY2009 | 00148-09
e. Enclosure (3) is Petitioner's reply to enclosure (2), maintaining that the contested report should be removed, as it would not have been submitted, had the STENNIS report not been temporarily lost. f. In enclosure (4), PERS-811, the NPC enlisted advancements office, noted that including the STENNIS report in Petitioner's PMA computation would not have changed the result, as that report was 3.8, which was Petitioner's PMA (his PMA was computed using the average of the contested 3.6 report...
NAVY | BCNR | CY2008 | 08777-08
In enclosures (2) and (3), OPNAV N135 and the NPC office with cognizance over fitness reports, respectively, commented to the effect Petitioner's requests should be denied. e. In enclosure (6), the NPC office with cognizance over fitness reports noted that Petitioner's reporting senior had declined to submit a supplemental report, notwithstanding the PRIMS correction. In enclosure (9), that office noted the fitness report corrections recommended in enclosure (6} and stated hig SSB request...