DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2O1 S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2430
HD
Docket No. NR2080-14
2é Bogust 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Sfpip myer
NAVAL RECORD
REVIEW OF
Ref: {a) 10 U.S.C, 1552
Encl: (1) DD Form 149 dtd 23 Sep 13 w/attachments and
Subject’s e-mail dtd 5 Aug 14 w/attachments
(2) PERS-32 memo dtd 27 May 14 w/attachment and
e-mail dtd 12 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 record be
corrected by removing the original fitness report for 31 January to
1 December 2012, together with a ietter transmitting a supplemental
report for the same period, so chat the supplemental report will be
the only report in the record for this period. Copies of the original
report, the letter of transmittal and the supplemental report are
at Tabs A, B and C, respectively.
2. The Board, consisting of Messrs. Chapman, Marquez and Rothlein,
reviewed Petitioner's allegations of error and injustice on
24 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.
bd. In enclosure (2), the Navy Personnel Command 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 an error and
injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing the
following original fitness report and related material, including
the transmittal letter 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
15 Dec 12 31 Jan 12 OL 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 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
Boara’s review and deliberations, and that the foregoing is a true
and complete record of the Board's proceedings in the above entitled
matter.
rn feo”
| Aone My OO”
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.
ROBERT D. 4SALMAN
Acting Executive Director
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