DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR3927-14
& August 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 12 Feb 14 w/attachments
(2) PERS-32 memo dtd 30 Jul 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 concurrent fitness report for 18 June 2011
to 1 August 2012 (copy at Tab A), leaving in the record the concurrent
report for 18 June 2011 to 19 July 2012 (copy at Tab B).
2. The Board, consisting of Messrs. Gattis, Green and Ivins,
reviewed Petitioner's allegations of error and injustice on
7 August 2014, and pursuant to ite 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.
b. 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. The office further recommended that, Petitioner submit an
Administrative Change Request to remove the mark from block 17 (“Type
of Report - Regular”) of the report ending 19 July 2012. Block 45
of this report shows a “Member Trait Average” and “Summary Group
Average” of “4.33,” whereas the correct average for the marks
assigned in this report is “4.50."
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 removal of the contested report.
Contrary to the recommendation in enclosure (2) that Petitioner
submit an Administrative Change Request, the Board finds that the
report to be left in the record should be corrected to remove the
mark from block 17 and change block 45 to show a “Member Trait Average”
and “Summary Group Average” of 4.50." in view of the above, the
Board directs the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing the
following concurrent fitness report and related material, leaving
in the record the concurrent report for 18 June 2011 to 19 July 2012:
Period of Report
Date of Report Reporting Senior From To
b. That NO memorandum be filed in place of the fitness report
to be removed, as this report is not needed to maintain continuity.
c. That the concurrent fitness report for 18 June 2011 to 19
July 2012 be modified by removing the mark from block 17 (“Type of
Report - Regular”) and changing block 45 to show a “Member Trait
Average” and “Summary Group Average” of “4.50,” rather than “4.33.”
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.
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,
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.
. | p
PONTE be a oi be PU
ROBERT D. Z SALMAN 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 ig 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. “ASALMAN
‘Acting Executive Director
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