DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 11540-10
14 December 2010
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 1 Oct 10 w/attachments
(2) PERS-32 memo dtd 18 Nov 10
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subj Sct,
hereinafter referred to as Petitioner, filed enclosure (1) with this
Board requesting, in effect, that the applicable naval record he
corrected by removing the enlisted performance evaluation report for
2 November 2004 to 12 September 2005, a copy of which is at Tab A.
2. The Board, consisting o a eens
reviewed Petitioner's allegations of error and injustice on
9 December 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, 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 enclosure (2), the Navy Personnel Command (NPC) office
having cognizance over the subject matter of this case commented to
the effect that 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
therefrom the following enlisted performance evaluation report and
related material:
Period of Report
Date of Report Reporting Senior From To
18Sep05 Ss 52 2Nov04 12Sep05
b. That there be inserted in Petitioner's naval record a
memorandum in place of the removed report, containing appropriate
identifying data concerning the report; that such memorandum state
that the report has been removed by order of the Secretary of the
Navy in accordance with the provisions of federal law and may not
be made available to selection boards and other reviewing
authorities; and that such boards may not conjecture or draw any
inference as to the nature of the report.
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.
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.
TR SN fo
y*7a—W. DEAN PFEIFFER
Executive Director
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