DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203705100

			HD: hd
										Docket No. 02398-06 
										14 September 2006

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy
	
	Subj	___
REVIEW OF NAVAL ~ECORD

Ref:	(a) 10 U.S.C. 1552

End:	(1) DD Form 149 dtd 9 Mar 06 w/attachment
(2)	PERS-311 memo dtd 24 Aug 06
(3)	Subjects naval record

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 10 January to 15 March 2005, a copy of which is at Tab A, leaving in the record the report for 10 January to 15 November 2005, a copy of which is at Tab B.

2.	The Board, consisting of Messrs. Hess, Lippolis and Swarens, reviewed Petitioner’s allegations of error and injustice on 14 September 2006, 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, naval records, 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 attached as enclosure (2), the Navy Personnel Command (NPC) office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that his request has merit and warrants favorable action.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.

RECOMMENDATION:

a.	That Petitioner’s naval record be corrected by removing therefrom the following enlisted performance evaluation report and related material, leaving in the record the report for 10 January to 15 November 2005:
	Period of Report
Date of Report	Reporting Senior	From	To
05Mar30	______	05Jan10	05Mar15

b.	That NO memorandum be filed in place 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.

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. 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.

ROBERT D. ZSALMAN	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.

					W. DEAN PFEIFFER
Executive Director