Search Decisions

Decision Text

NAVY | BCNR | CY2012 | 00257-12
Original file (00257-12.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490

 

HD:hd
Docket No. 00257-12
1 March 2012

From: Chairman, Board for Correction of Naval Records

 

To% Secretary of the Navy
Subj;
Ref: (a) 10: U.S... 1552
Encl: (1) DD Form 149 dtd 6 Dec 11 w/attachments
(2) PERS-32 memo dtd 10 Feb 12
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 fitness report for 1 February
to 31 October 2009 (copy at Tab A).

2. The Board, consisting of Messrs. Chapman, Silberman and
Storz, reviewed Petitioner's allegations of error and injustice
on 1 March 2012, 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 corrective action.

RECOMMENDATION :

 

a. That Petitioner's naval record be corrected by removing
therefrom the following fitness report and related material:

Period of Report
Date of Report Reporting Senior From To

 

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 the 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 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.

¢

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

2
foregoing corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of

the Navy.

FE eed

Ay. DEAN PFEIFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2012 | 06955-12

    Original file (06955-12.pdf) Auto-classification: Approved

    06955-12 17 September 2012 From: Chairman, Board for Correction of Naval Records eer Secretary of the Navy ae REVIEW OF NAVAL RECORD Ret? 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 fitness report for 19 August 2001 to 23 February 2002 (copy at Tab A). The Board, consisting of Messrs. W. Hicks, Spooner and...

  • NAVY | BCNR | CY2014 | NR3927 14

    Original file (NR3927 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S$. 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 concurrent fitness report for 18 June 2011 to 1 August 2012 (copy at Tab A), leaving in the record the concurrent report for 18 June 2011 to 19 July 2012 (copy at Tab B). The Board, consisting of Messrs. Gattis,...

  • NAVY | BCNR | CY2011 | 03187-11

    Original file (03187-11.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by modifying the fitness report for 22 June 2008 to 31 March 2009 (copy at Tab A) by removing section K (reviewing officer's (RO’s) marks and comments). Enclosure (2) reflects that the Headquarters Marine Corps (HOMC) Performance Evaluation Review Board has directed the requested...

  • NAVY | BCNR | CY2013 | NR8518-13

    Original file (NR8518-13.pdf) Auto-classification: Approved

    2, The Board, consisting of Messrs. Boyd, Chapman and Spain, reviewed Petitioner's allegations of error and injustice on 20 Maxch 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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...

  • NAVY | BCNR | CY2014 | NR8166 14

    Original file (NR8166 14.pdf) Auto-classification: Approved

    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 fitness reports for 10 April to 23 July 2010, 20 December 2010 to 30 December 2011 and 31 December 2011 to 4 August 2012 (copies at Tabs A, B and C, respectively) and his assignment to the Body Composition Program (BCP) from 21 September 2011 to 17 April 2012 (copies of pertinent...

  • NAVY | BCNR | CY2014 | NR5272 14

    Original file (NR5272 14.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Hicks, Spooner and Swarens, reviewed Petitioner's allegations of error and injustice on 20 November 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. e. In enclosure (6), MIQ again commented to the effect that the contested entry dated 6 January 2012 should stand, but further commented to the effect that Petitioner’s request to remove the entries dated 14 December...

  • NAVY | BCNR | CY2013 | NR4526 13

    Original file (NR4526 13.pdf) Auto-classification: Approved

    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 fitness report for 1 April to 31 December 2011 (copy at Tab A), the Marine Corps Total Force System (MCTFS) entry reflecting his assignment to the Body Composition Program (BCP) from 4 August 2011 to 1 March 2012, and the service record page 11 counseling entry he received “due to...

  • NAVY | BCNR | CY2012 | 04467 12

    Original file (04467 12.pdf) Auto-classification: Approved

    As shown in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removing the contested fitness report. The Board, consisting of Messrs. Spain, Storz and Zsalman, reviewed Petitioner’s allegations of error and injustice on 17 October 2012, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner's naval record be corrected by removing all...

  • NAVY | BCNR | CY2014 | NR4667 14

    Original file (NR4667 14.pdf) Auto-classification: Approved

    That Petitioner’s naval record be corrected by removing the NJP of 15 November 2012. b. 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...

  • NAVY | BCNR | CY2011 | 00378-11

    Original file (00378-11.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. W. Hicks, Spooner and Swarens, reviewed Petitioner's allegations of error and injustice on 18 August 2011, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. e. In enclosure (5), the HOMC office with cognizance over the subject matter of Petitioner’s implied request to remove her failure of selection for promotion commented to the effect that this request should be...