DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1 8S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR1666-14
5 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: YN? Sy
REVIEW OF NAVAL RECORD
Ref; (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 1 Nov 13 w/attachments
(2) PERS-32 memo dtd 8 Apr 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 enlisted performance evaluation report for
16 March 2012 to 15 February 2013 (copy at Tab A).
2. The Board, consisting of Messrs. Chapman, Lippolis and Storz,
reviewed Petitioner's allegations of error and injustice on
8 May 2014, and pursuant to its requiations, 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, requlations and
policies.
3. The Board, having reviewed all the facts of record pertaining
fo 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 enclosure (2), the Navy Personnel Command (NPC) office
with cognizance over the subject matter of Petitioner’s case has
commented to the effect that 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 warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing the
Following enlisted performance report and related material:
Period of Report
Date of Report Reporting Senior From To
7 May 13 er 215 Feb 13
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
‘gelection 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 appropriate corrections be made to the magnetic tape
or microfilm maintained by NPC.
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.
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.
VG bo flare
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
foregoing corrective action taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of
the Navy. |
Reed S, I :
ROBERT D. ZSALMAN
Acting Executive Director
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