DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 HD: hd
Docket No. 12059-10
14 December 2010
From: Chairman, Board for Correction of Naval Records
MGs Secretary of the Navy
Subj : FN ee va
REVIEW OF NAVAL RECORD
Ref: (a) 10 U,S#E. L552
Encl: (1) DD Form 149 dtd 29 Oct 10 w/attachments
(2) PERS-32 memo dtd 23 Nov 10
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
orrected by removing the fitness report for 1 February to
G
16 November 2009, signed Je copy of which
is at Tab A.
2. The Board, consisting oj
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 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 has 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
Gorpective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
therefrom the following fitness report:
Period of Report
Date of Report Reporting Senior From To
léNovi0 ey: 09° icxovos
b. That NO memorandum be filed in place of the report to be
removed, as the report is not needed to maintain continuity.
c. 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.
d. 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.
‘
DPSViAEAON Lt firrithnron
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.
ie EN Ph
-a—W. DEAN PS TFFER
Executive Director
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