HD
Docket No. NR8793-14
n79 mat aheas AAW A
22 OCLroOpEer #sULe
From: Chairman, Board for Correction of Naval Records
TO. Secretary of the Navy ~
Subj:
REVIEW OF NAVAL RECORD
Ref: le) Ai U8... 1882
Encl: (1) DD Form 149 dtd 1 Jul 14 w/attachments
(2) PERS-32 memo dtd 7 Oct 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 or modifying the enlisted performance
evaluation report for 16 June 2011 to 15 dune 2012 (copy at Tab A).
2. The Board, consisting of Messrs. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on
23 October 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.
b. In correspondence at enclosure (2), the Navy Personnel
Command (NPC) office with cognizance over the subject matter of
Petitioner’s case has commented to the effect that they have no
objection to removing the contested repor
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 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
16 dun 11 Pe ae 16 Jun il 15 Jun 12
Yas
b. That there be inserted in Petitioner's naval record a
memorandum in place of the removed report, containing appropriate
identifying data concerning the report; that such 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.
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.
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.
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
~
ROBERT J. O'NEILL
Executive Director
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