DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD
Docket No. NR1574-13
20 June 2013
From: Chairman, Board for Correction of Naval Records’
To: Secretary of the Navy
Subj . .. ee Ss ih ” ;
REVIEW OF NAVAL RECORD
Ref: {a} 10 U.S.C. 1552
Encl: DD Form 149 dtd 31 Jan i3 w/attachments
PERS-811 memo dtd 3 Jun 13
.PERS-32 memo dtd 23 May 13
PERS-803 memo dtd 11 Jun 13
WN Ee
mo ed ot
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 adverse enlisted performance evaluation
report for 16 September 2010 to 29 Aprii 2011, reimbursing ail
forfeitures awarded at his nonjudicial punishment (NJP) of 17 May
2011, removing all documentation of the NUP and granting him special
consideration for advancement to ENCS (pay grade E-8). The Navy
personnel Command (NPC) has removed the contested evaluation;
Petitioner may recover his forfeitures by submitting his request for
reimbursement to his Personnel Support Detachment; and his record
includes no documentation of his NUP.
2. The Board, consisting of Messrs. Lippolis, Marquez and Pfeiffer,
reviewed Petitioner's allegations of error and injustice on
27 June 2013, and pursuant to its regulations, determined that the
corrective action indicated below should be taken on the availabie
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 ali
administrative remedies availabie under existing law and regulations
within the Department of the Navy.
b. In enclosure (2), PERS-811, the NPC. office with. cognizance
over enlisted advancements, has deferred to PERS-80 to address the
possibility of a special selection board.
c. In enclosure (3), PERS-32, the NPC office with cognizance
over performance evaluations, has advised that the contested
evaluation has been removed.
da. In enclosure (4), PERS-803, the NPC Enlisted Career
Progression Branch, has commented to the effect that Petitioner
should be granted a special selection board for the Fiscal Year (FY)
13 Active E-8 Selection Board, as the contested evaluation was in
his record for that board. .
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (4), the Board finds the existence
of an injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner be granted a special selection board for the
PY 13 Active Senior Chief Petty Officer (pay grade E-8) Selection
Board.
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.
ce. 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
S. 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), hag been approved by the Board on behalf of the Secretary of
the Navy.
TRS, on
Fea. w. DEAN ‘PFEIFFER
Executive Director
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