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BEOAPD FOR CORPECTION OF WAV AI RFCORDS
TO a ee ES Se
ARLINGTON, VA 22204-2490
HD
Docket No. NR4968-14
21 November 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: &
REVIEW OF NAVAL RECORD
Ref: (aj 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 20 Mar 14
(2) PERS-32 memo dtd 29 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 enlisted performance evaluation report for
16 March 2007 to 1 February 2008 (copy at TabA), leaving in the record
the report for 16 March 2007 to 31 January 2008 (copy at Tab B).
2. The Board, consisting of Messrs. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on
20 November 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. he 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. The contested report, submitted on 30 January 2008, is more
favorable to Petitioner than the report he wants left in the record,
submitted earlier on 2 January 2008, in that the “Individual Trait
Average” (block 40) is higher (“4.14" versus “4.00"), and block 46
(“promotion Recommendation - Summary”) of the contested report shows
one peer marked below Petitioner, whereas the report he wants left
in the record does not compare him with anyone else.
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b. In enclosure (2), the Navy Personnel Command (NPC) office
with cognizance over subject matter of Petitioner’s case has
commented to the effect that the contested report should be left in
the record, and the report Petitioner wants left in the record should
be removed, because the ending date of the contested report aligns
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CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an error
warranting removal of the report ending 31 March 2008, rather than
the contested report. The Board is unable to find the more favorable
marks and peer comparison in the contested report, which was
submitted last, are incorrect. In view of the above, the Board
directs the following limited corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing the
following enlisted performance evaluation report and related
material, leaving in the record the report for 16 March 2007 to 1
February 2008:
Period of Report
Date of Report Reporting Senior From To
02 Jan 08 USN 16 Mar 07 31 Jan 08
b. That NO memorandum be filed in place of the report to be
removed, as this report ig not needed to maintain continuity.
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 PULOTS :
e. That the remainder of Petitioner's request be denied.
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.
SAAT ma
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
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 J. O'NEILL
Executive Director
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