DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 04983-10
8 July 2010
From: Chairman, Board for Correction of Naval Records
Tas Secretary of the Navy
Sub): aia amg
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 28 Apr 10 w/attachment
(2) PERS-32 memo dtd 2 Jun 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, from block 43 (“Comments on Performance”) of
the enlisted performance evaluation report for 16 March 2009 to 15
March 2010, a copy of which is at Tab A, “**Ranked my #1 MP [must
promote] only due to EP [early promote] restrictions**.”
2. The Board, consisting of Messrs. Grover, Ivins and McBride,
reviewed Petitioner's allegations of error and injustice on 1 July
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 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 warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing the
following from block 43 of the enlisted performance evaluation report
for 16 March 2009 to 15 March 2010, dated 15 March 2010 and signed
by Chief Warrant Officer “**Ranked my #1 MP only
due to EP restrictions**”
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.
Iommi x ferret
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.
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DEAN PF
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