From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
                
 
Ref: (a) 10 U.S.C. § 1552  
 
Encl: 
(1) DD Form 149  
 (2) Evaluation Report and Counseling Record (2 Jul 16-15 Jun 17) 
 (3) NPC memo 1610 PERS-32 of 9 Jul 19 
  
1.  Pursuant to the provisions of the reference, Petitioner, an enlisted member in the Navy, filed enclosure (1) with this Board, requesting that his record be corrected by removing the Evaluation Report and Counseling Record (“Eval”) at enclosure (2).       
                                               
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 16 July 2019 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, relevant portions of Petitioner’s 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 regulation within the Department of the Navy. 
 
     b.  On 27 June 2017, Petitioner was issued enclosure (2), a Promotion Frocking/Regular Eval.  Petitioner asserts that his command erroneously described him as an HM2/E-5 in the Eval.  In fact, the Eval should have been an E-4 close-out Eval due to Petitioner’s recent selection to HM2.  Petitioner further contends that, because he received a correct E-4 close-out Eval that is also on file, the erroneous Eval at enclosure (2) should be removed. 
 
     c.  In an advisory opinion (AO) at enclosure (3), the office having cognizance over Petitioner’s request to remove the contested Eval recommended that his request be approved because that Eval is not required.  Specifically, the AO noted that, upon review of Petitioner’s official file and promotion history, he was serving in the grade of E-4 on the end date of the contested Eval. Petitioner’s advancement to E-5 occurred on 16 August 2017.  Petitioner’s command and Reporting Senior also submitted a Special/Regular (selected) Eval in the grade of E-4 for the reporting period 2 July 2016 to 8 June 2017.  That Eval is valid and was submitted to close out Petitioner’s rank of E-4, upon his selection to E-5.  Accordingly, the contested Eval causes an overlap in continuity and not required, and thus should be removed. 

CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board concurred with the AO opinion and determined that the contested Eval causes an overlap in continuity and is not required.  The Board thus concluded that the contested Eval shall be removed from Petitioner’s record.      
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), his Eval for the reporting period 2 July 2016 to 15 June 2017. 
 
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. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.