DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD: hd
Docket No. 03070-12
4 September 2012
From: Chairman, Board for Correction of Naval Records
Tor Secretary of the Navy
Subj: anes mone '
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 28 Dec 11 w/attachments
(2) PERS-32 memo dtd 2 Mar 12
(3) OPNAV N135 ltr dtd 26 Apr 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 modifying the enlisted performance evaluation report
for 16 September 2007 to 11 April 2008 by changing the entry in block
20 (“Physical Readiness”) from “P [passed physical readiness
test] /NS [not within weight/body fat standards]” to “P/WS [within
weight /body fat standards] .”
2. The Board, consisting of Ms. White-Olson and Messrs. Gattis and
Silberman, reviewed Petitioner's allegations of error and injustice
on 30 August 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. Inenclosure (2), PERS-32, the Navy Personnel Command office
with cognizance over Navy performance evaluations, has commented to
the effect that “this error can be corrected administratively with
the Supplemental Change Letter.” There is no indication that the
reporting senior has submitted any supplemental change letter.
c. Inenclosure (3), OPNAV N-135, the Chief of Naval Operations
office with cognizance over physical readiness, has commented to the
effect that Petitioner passed the Body Composition Assessment for
Cycle 1 2008.
d. The performance evaluation report in question shows
Petitioner was marked "5.0" (highest possible) in block 35 (“Military
Bearing/Character”), and block 41 (“Comments on Performance”) says
nothing to indicate he was not within weight/body fat standards.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (3) and the Board's
findings at paragraph 3.d above, the Board finds an error and
injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying as
follows the enlisted performance evaluation report for 16 September
2007 ” 11 April 2008, dated 8 April 2008 and signed | eae
USMC:
Block 20: Change from “P/NS” to “P/WS.”
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. Pursuant to Section qc) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) 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.
: 4 ;
Bovritiy d (Eee
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 Correctionof 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.
TN pet A TOM
Fa_w. DEAN PFEIFFER
Executive Director
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