DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 19001
ARLINGTON, VA 22204-24930
yD
Docket No. NR3355-14
24 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: —_ .
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1} DD Form 149 dtd 30 Sep 13 w/attachments
(2) Subject’s e-mail dtd 24 Jul 14
(3) PERS-32 memo dtd 8 dul 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 modifying the enlisted performance evaluation report
for 16 November 2011 to 15 November 2012, a copy of which is at Tab
A, by reevaluating the marks assigned in blocks 35 through 39,
removing the adverse comments and inserting revised comments in block
43, Inenclosure (2), Petitioner verified that he would be satisfied
with completely removing the report, rather than modifying it.
2, The Board, consisting of Messrs. George, Hicks and Swarens,
reviewed Petitioner's allegations of error and injustice on
24 July 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. In enclosure (3), the Navy Personnel Command (NPC) office
with cognizance over the subject matter of Petitioner's case has
commented to the effect that the report at issue should be completely
removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board finds the existence
of an error and injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing the
following enlisted performance evaluation report and related
material:
Period of Report
Date of Report Reporting Senior From To
14 Nov 12 16 Nov 11 15 Nov 12
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 appropriate corrections be made to the magnetic tape
or microfilm maintained by NPC.
ag. 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,
2
Section 723.6(c)) it ig 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.
“Wa T) 7 “) ay
San Cinna af, fiy7AH Vv
ROBERT D. 4ZSALMAN 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. ZSALMAN
Acting Executive Director
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