SCEPARTMENT OF. THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 s. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR7444-13
21 August 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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REVIEW OF NAVAL RECORD (RECONS IDERATION)
Ret: fa) 10 U.S.C. 1552
Encl: (1) Subject’s fax dtd 11 Mar 14 w/fattachments
(2) HD Docket No: NRS46-13 ltr dtd 25 Jul 13
less enclosures
3) OPNAV N170 ltr dtd 27 May 14
4) PERS-32 memos dtc 3 Apr and 29 Jul 14
5) PERS-81 memo dtd 14 Apr 14
6) PERS-803 memo dtd 6 Aug 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 FeCeore be
corrected by removing ofr modifying his enlisted performance
evaluation report for 16 November 2011 to 15 November 2012 (copy at
Tab A) by changing the entry in block 20 (*Physical Readiness”) from
‘pF’ (passed first Physical Fitness assessment (PFA} conducted during
the reporting period, failed second) to “PP” (passed both PFA’s).
He further requested consideration by a special selection board (SSB)
for advancement to chief petty officer (CPO) (pay grade E-7). As
shown in enclosure (2), these requests were denied on 25 July 2013.
2, The Board, consisting of Messrs. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on
21 August 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. Enclosure (3) shows that Petitioner’s data in the Physical
Readiness Information Management System (PRIMS) has been corrected
to show he passed the 15 June 2012 PFA.
c. In correspondence at enclosure (4), PERS-32, the Navy
Personnel Command office with cognizance over performance
evaluations, has commented to the effect that Petitioner’s request
to modify the evaluation in question has merit and warrants favorable
action.
d. In enclosure (5), PERS-81 stated that “an advisory to the
petitioner’s request cannot be completed.”
e. In enclosure (6), PERS-803, the NPC office with cognizance
over enlisted advancements, has commented to the effect that if this
Board recommends Petitioner’s consideration by an SSB for the Fiscal
Year 14 CPO Selection Board, PERS-803 will initiate paperwork on
Petitioner's behalf to request that the Commander, NPC grant him such
consideration.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures {4} and (6), 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 November
2011 to 15 November 2012, dated 15 November 2012 and signed by Captain
T. J, Flannery, USN:
(1) Block 20: Change from “PF” to “PP.”
b. That his record be corrected further by removing any service
record page 13 (“Administrative Remarks”) entry dated on or about
15 June 2012 reflecting that he failed the PFA.
c. That he be afforded SSB consideration for the FY 14 CPO
Selection Board.
d. 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.
e. 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 igs 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.
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PV tIDY of ae LW
ROBERT D. ZSALMAN JONATHAN S&S. RUSKIN
Recorder Acting Recorder
5S. 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.
ROBERT D. —
Acting Executive Director
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