DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD:hd
Docket No. 06955-12
17 September 2012
From: Chairman, Board for Correction of Naval Records
eer Secretary of the Navy
ae
REVIEW OF NAVAL RECORD
Ret? (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 datd 20 Jun 12 w/attachments
(2) PERS-32 memo dtd 15 Aug 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 19 August 2001 to
23 February 2002 (copy at Tab A).
2. The Board, consisting of Messrs. W. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on
13 September 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 with
cognizance over the subject matter of Petitioner’s case has commented
to the effect that 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
an error and injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing 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 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. Pursuant to Section 6(c) 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.
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.
“Rew QS, Amd
FozwWw. DEAN oo
Executive Director
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