DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
sR 5, COURTHOUSE ROAD, SUITE 1001
nacket No. NRISURITO 34
13 February 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
a Pe en te eer
Sub}:
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 16 Sep 14 wfattachments
(2) PERS-32 memo dtd 28 Jan 15
1. Pursuant to the provisions of reference ta), Subject,
nereinafter referred to as petitioner, filed enclosure (1) with this
Board requesting, in effect, that the appticable naval record be
corrected by removing the fitness report for 1 July to 13 December
2008 (copy at Tab A).
1. The Board, consisting of MessTs. ee
reviewed petitioner's allegations of error ang injustice on
12 February 2025, and pursuant to its regulations, detezmined 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 ail
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 the request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds the existence
of an error and injustice warranting the following corrective action.
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
a
b. ‘That there be inserted in his 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 oF completely
expunged from Petitioner's record and that no such entries or
material be added to the record in the future.
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.
PVMEEY aS, Matlperv
JONATHAN S. RUSKIN
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
er the authority of reference
foregoing corrective action taken und
mn behalf of the Secretary of
(a), has been approved by the Board 0
the Navy.
ROBERT J. O'NEILL
Executive Director
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