DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
HD: hd
Docket No. 01103-12
2 March 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
FE n-ne
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 16 Jan 12 w/attachments
(2) PERS-32 memo dtd 13 Feb 12
iT 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 original fitness report for 1
November 2009 to 22 June 2010, together with the letter
transmitting a supplemental report for the same period, so that
the supplemental report will be the only report in the record for
this period. Copies of the original report, the letter of
transmittal and the supplemental report are at Tabs A, B, and C
respectively.
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 original fitness report and related
material, including the transmittal letter dated 31 May 2011, leaving
in the record the supplemental report covering the same period:
Period of Report
Date of Report Reporting Senior From To
a
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.
Puna teu Jd. fLyeFiw
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
Bis 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
under the authority of reference
foregoing corrective action, taken
d on behalf of the Secretary of
(a), has been approved by the Boar
the Navy.
Fe2z_w. DEAN oe ek
Executive Director
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