DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD :hd
Docket No. 03437-10
28 January 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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TEW OF NAVAL RECORD
Ref: (a) £0 U.S.C. 1552
Enel: (1) DD Form 149 dtd 17 Mar 09 (sic) w/attachments
(2) PERS-32 memo dtd 29 Apr 10
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with, has
Board requesting, in effect, that the applicable naval record be
corrected by removing the original fitness report for 1 February to
30 December 2008, together with a letter of transmittal forwarding
a supplemental report for the same period, so that the supplemental
report will be the only report in his record for this period. Copies
of the original report, the letter of transmittal and the
supplemental report are at Tabs A, B, and C, respectively.
2. The Board, consisting of Messrs. Geberth, Pfeiffer and
Silberman, reviewed Petitioner's allegations of error and injustice
on 26 January 2011, 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. Enclosure (1) was filed ina timely manner.
c. Both the original and supplemental reports rated Petitioner
“RFarly Promote” (best of five possible promotion recommendations) ,
but the supplemental report raised two of the marks assigned (block
33 (“Professional Expertise”) from “3.0” (third best of five possible
marks) to “5.0” (best) and block 35 (“Military Bearing/Character” )
from "3.0" to “4.0” (second best)).
d. Inthe letter of transmittal, submitted on 4 December 2009,
the reporting senior stated that the supplemental report was
submitted “due to reserve administrative oversight which gave the
member an incorrect trait average.” With his application,
Petitioner provided a letter dated 20 January 2010 from the Vice Chief
of Information, a rear admiral, explaining that the draft of
Petitioner’s fitness report, which had been submitted by the Reserve
Component (RC) Director, “was significantly changed without
consultation with the RC Director, or with considering past
evaluations and the cumulative average” and that “The reasons for
these changes appear to be errors in administrative processing
between staffs.” He added that “This oversight was compounded when
the report was submitted to BUPERS [Bureau of Naval Personnel]
without a final review by either the AD [Active Component] Director
[reporting senior], the RC Director or a debrief to the officer.”
He stated that the contested original report “is sufficiently
derogatory to impact future selection boards” and requested its
removal from Petitioner’s record.
e. In enclosure (2), the Navy Personnel Command office with
cognizance over the subject matter of this case has commented to the
effect the request should be denied, as Petitioner does not prove
the original report to be in error, and the reporting senior has
corrected his record administratively by having the supplemental
material filed with the original report. This advisory opinion did
not address the rear admiral’s letter.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (2), the Board finds the existence of an
error and injustice warranting the requested relief. In this
regard, the Board particularly notes the rear admiral’s letter. The
Board agrees with him that leaving the original report in
Petitioner’s record could harm his naval career. In view of the
above, the Board recommends the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
therefrom the following original fitness report and related
material, including the transmittal letter dated 4 December 2009,
leaving in the record the supplemental report covering the same
period:
Period of Report
Date of Report Reporting Senior From To
30Dec08 __Ee- 1Feb08 30Dec08
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.
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.
Nene ZA IV if’, (ltretir~
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ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your review
and action.
Review and approved:
Hf Ifo 2/24 [11
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
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