PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1003
ARLINGTON, VA 22204-2490
HD
Docket No. NR11-14
GS Ta ees ae re
we Wed
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 19 Sep 13 w/attachments
(2) PERS-32 memo dtd 6 Mar 14 w/attachment
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 original fitness report for 1 February to
1 December 2012 (copy at Tab A) and the letter of transmittal dated
10 July 2013 (copy at Tab B), leaving in the record the supplemental
report for the same period (copy at Tab C).
2. The Board, consisting of Messrs. George, Gorenflo and Green,
reviewed Petitioner's allegations of error and injustice on
5 June 2014, and pursuant to its reguiations, 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 (1) was filed in a timely manner.
c. The contested original report shows Petitioner and her four
peers all marked “Promotable” (third best of five possible marks)
in block 42 (“Promotion Recommendation -—-.Individual”). In the
transmittal letter, the reporting senior explains that all original
reports were erroneously submitted with the same “Promotable”
promotion recommendation. The supplemental report marked
Petitioner “Must Promote” (second best) with one other officer, one
officer above her with a mark of “Early Promote” (best) and two below
her marked “Promotable.”
d. In enclosure (2), PERS-32, the Navy Personnel Command (NPC)
office with cognizance over the subject matter of Petitioner's case,
has commented to the effect the request should be denied, as the
filing in Petitioner’s record of the transmittal letter and the
supplemental report adequately corrects the error in the contested
original report. PERS-32 noted that supplemental material does not
change the information on the Performance Summary Record (PSR).
CONCLUSION :
Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (2), the Board finds an error and injustice
warranting the requested relief. The Board finds that leaving the
contested original report in Petitioner’s record, as enclosure (2)
proposes, could prejudice her, as reviewers of her record could
ascribe some validity to the original mark of “Promotable” and the
original peer distribution with no officer marked beiow her; and the
original mark and peer distribution are the only ones that would
appear on her PSR. In view of the above, the Board recommends the
following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing the
following original fitness report and related material, inciuding
the letter of transmittal dated 10 July 2013, leaving in the record
the supplemental report covering the same period:
Period of Report
Date of Report Reporting Senior From To
Wie) Feb 12 O01 Dec 12
15 Dec 12
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 navai record.
4. It is cevtified that a quorum was present al ihe Buald’s sevicw
and deliberations, and that the foregoing is a true
and complete record of the Board’s proceedings in the above entitled
matter.
Pstuc than é Yaea “bn
ROBERT D. 4SALMAN JONATHAN S$. RUSKIN
Recorder Acting Recorder
5, The foregoing report of the Board is submitted for your review
and action.
© Spot dS Tani
ROBERT D. ZSALMAN
Acting Executive Director
Reviewed and approved:
dye PM
ROBERT L. WOODS
Assistant General Counsel
(Manpower and Reserve Affairs)
4000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000
NAVY | BCNR | CY2007 | 06305-07
Petitioner’s application at enclosure (1) includes a letter dated 2 July 2007 from the reporting senior stating the following:The initial report for this period was mailed to BUPERS [Bureau of Naval Personnel] without my approved corrections to the draft report. He notes that his PSR entry for the period in question does not reflect, as it should, that supplemental material has been submitted, but that this error will not have to be corrected if his request is approved.MAJORITY...
NAVY | BCNR | CY2010 | 03437-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 HD :hd Docket No. The Board, consisting of Messrs. Geberth, Pfeiffer and Silberman, reviewed Petitioner's allegations of error and injustice on 26 January 2011, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner's naval record be corrected by removing therefrom the following original...
NAVY | BCNR | CY2007 | 08643-07
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 original fitness report for 1 May to 17 August 2006, together with a letter-supplement and a letter transmitting a supplemental report for the same period, so that the supplemental report will be the only report in the record for this period. The Board, consisting of Messrs. W....
NAVY | BCNR | CY2014 | NR2458 14
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 original enlisted performance evaluation report for 16 November 2011 to 15 August 2012, signed by Lieutenant Commander H. R. F---, Supply Corps, U. S. Navy Reserve, and the evaluation report letter-supplement Gated 25 Ahugust 2013 (copies at Tab B), and replacing them with the...
NAVY | BCNR | CY2012 | 04918 12
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 November 2009 to 15 November 2010 (copy at Tab A) to show the mark in block 45 (“Promotion Recommendation - Individual”) as “Must Promote” (second best of five possible marks), rather than “Dromotable” (third best). The Board,...
NAVY | BCNR | CY2013 | NR4797 13
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 1 May 2011 to 30 April 2012 and the extension letter dated 28 June 2012, extending the period of this report to 28 June 2012 (copies at Tab A). Petitioner requests that the contested fitness report and extension letter be removed to comply with the Commander,...
NAVY | BCNR | CY2008 | 08467-08
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 marks and comments of the enlisted performance evaluation report for 10 July 2005 to 15 March 2006 (copy at Tab A), in accordance with a letter dated 14 August 2008 from the reporting senior (at enclosure (1)) because the report erroneously reflected that he had failed the Spring...
NAVY | BCNR | CY2002 | 00257-02
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 three fitness reports, for 1 April to 31 August 1999, 1 April to 30 September 1999 and 1 October 1999 to 12 September 2000 (copies at Tabs A through C, respectively). The member requests the removal of his fitness report for the period 1 April 1999 to 3 to 12 September 2000 and...
NAVY | BCNR | CY2013 | NR642-13
The Board, consisting of Messrs. Dikeman, Gorenflo and McBride, reviewed Petitioner's allegations of error and injustice on 6 June 2013, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The corrected report marks Petitioner “Early Promote” (best) in block 45 and marks him alone in block 46. d. Inenclosure (2), PERS-32, the Navy Personnel Command (NPC) office with cognizance over enlisted performance...
NAVY | BCNR | CY2005 | 03461-05
03461-05 4 April 2006 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy REVIEW OF NAVAL RECORD R Ref: (a) 10 U.S~C. 3 (1) Block 20: Change from “MINS” to “PINS.” (2) Block 43 *36: Change to read “- [PFA] Results: APR 03 P/NS (1st failure) and OCT 03 P/NS (2nd failure) CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting partial relief, specifically, the requested correction...