DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 03028-11
28 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
ee tg
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 11 Mar 11 w/attachments
(2) PERS-32 memo dtd 12 Apr 11
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 report for
16 March 2007 to 15 March 2008, reflecting an adverse mark of
“Significant Problems” in block 45 (promotion recommendation) (copy
at Tab A), and leaving in the record the report for the same period
reflecting a block 45 mark of “Must Promote” (copy at Tab B).
2. The Board, consisting of Messrs. Clemmons, Neuschafer and
Silberman, reviewed Petitioner's allegations of error and injustice
on 28 April 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. In correspondence attached as enclosure (2), the Navy
Personnel Command (NPC) 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 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,
reflecting a mark of “Significant Problems” in block 45, leaving in
the record the report for the same period signed by CDR T. J.
Harrington, USN and dated 20 March 2008, witha block 45 mark of “Must
Promote”:
Period of Report
Date of Report Reporting Senior From Ve
BApr08 RI Se 16Mar07 15Mar08
b. That NO memorandum be entered 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 Petitioner’s record be corrected further by removing
any service record page 13 or any other entry dated on or about 15
March 2008 reflecting the withdrawal of Petitioner’s recommendation
for advancement.
e. 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.
f. 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.
SLRS,
¥ce_W. DEAN PFBYFFER
Executive Director
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