DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
70} S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR5419-14
27 March 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
;
REVI
Ref: (a) 10 U.8.C. 1552
Enel: (1) DD Forms 149 dtd 24 Mar and 19 May 14,
: each w/fattachments -
(2} PERS-832 memo dtd 16 Jan 15
(3) PERS-32 memo dtd 21 Jan 15
1. Pursuant to the provisions cf reference (a}, Subjecc,
hereinaiter referred to as Petitioner, filed enclosure (1) with thi
Board requesting, in effect, that the applicable navel record be
corrected by removing the NAVPERS 1070/12 (service wesosa wage 2
S
286 Ses 3
("Zdministrative Remazvits")} entry dated 22 Merch 2011 and his
rebuttal dated 1 April 20612 (copies at Tab h) and the enlisted
performance evaluation report for 11 November 2010 to 26 May 2011
(copy at Tab B).
2. The Board, consisting of Meee
reviewed Petitioner's allegations of error and injustice on
26 March 2015, 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, reguiations 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.
es
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b. Inenclosure (2), PERS-832, the Navy Personnel Command (NPC)
office with cognizance over enlisted performance, has commented to
the effect that the contested page 13 entry should stand.
c. In enclosure (3), PERS-32, the NPC office with cognizance
over performance evaluations, has commented to the effect that the
contested performance evaluation report should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (2) and (3), the Board finds the
existence of an error warranting partial relief, specifically,
removal of the performance evaluation report at issue. The Board
is unable to find the officer who signed the page 13 entry in question
did not have “By direction” authority. 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:
Period of Report
Date of Report Reporting Senior From To
2s vay 1: I cov to as may
b. That there be inserted in Petitioner’s naval record a
memorandum in place of the removed report containing appropriate
identifying data; 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 removed
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.
ection 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.
4. Pursuant to &
Satan ¢, Lata
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
Fxecutive Director
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