DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR4309-13
l
12 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
—— re
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) 2 DD Forms 149 dtd 7 Apr 13 each w/fattachments
(2) PERS-OO0J ltr dtd 24 Mar 14 ,
(3) PERS-832 memo dtd 11 Apr 14
(4) PERS-32 memo dtd 23 Apr 14
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 documents 17002525 and 17002526 (copy at Tab
A), his administrative separation board case file including a no
further action message COMNAVPERSCOM MILLINGTON TN 2008272 JAN 12.
Petitioner also requested modifying the enlisted performance
evaluation report for 16 November 2009 to 20 July 2010 (copy at Tab
B) by removing reference to nonjudicial punishment.
>. ‘The Board, consisting of Messrs. Chapman, Spain and Storz,
reviewed Petitioner's allegations of error and injustice on
12 June 2014, 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 enclosures (2) through (4), the Navy Personnel Command
offices with cognizance over the subject matter of this case have
commented to the effect that Petitioner’s request has merit and
warrants partial relief, specifically, removing documents 17002525
and 17002526.
CONCLUSION;
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (2) through (4), the Board finds
the existence of an error and injustice warranting the following
limited corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
documents 17002525 and 17002526.
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.
d. That the remainder of Petitioner’s request be denied.
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.
Dont A Cartin
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.
(SAD GR
ROBERT D. ZSALMAN
Acting Executive Director
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