Docket No. 1772-20
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF , USN, XXX-XX 
 
Ref: (a) Title 10 U.S.C. § 1552  
     (b) BUPERSINST 1610.10D 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Evaluation Report and Counseling Record for the reporting period of 23 Aug 19 to 1 Nov 19 
      (3) NPC memo 1610 PERS-32 of 5 Mar 20 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting removal of his adverse Evaluation Report and Counseling Record (Eval) for the reporting period of 23 August 2019 to 1 November 2019 from his military record. 
                                           
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 5 March 2021, and pursuant to its regulations, determined 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, found 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. Petitioner was issued enclosure (2), a detaching Eval covering the period from 23 August 2019 to 1 November 2019.  The Eval assigned an individual trait average of 2.00 and a “Significant Problems” promotion recommendation and removed Petitioner’s recommendation for further advancement or retention.  Block 51 is not signed by the Petitioner but contains the statement “CERTIFIED COPY PROVIDED – MEMBER HAS LEFT THE COMMAND.”   
 
     c. Petitioner contends that the Eval was written in retaliation by the command because he chose to accept Active Duty Special Work orders rather than waive his dwell period and mobilize with his Reserve unit.  He further contends that the Eval is “full of fabrications and slander.”  Additionally, Petitioner contends the Eval is unjust and in error because he was not allowed the ability to dispute the adverse Eval in accordance with reference (b) requirements.  
 
     d. The Advisory Opinion (AO) at enclosure (3), recommends removal of the Eval and insertion of a memorandum of continuity.  The AO specifically notes that the Eval met the reference (b) criteria of adverse and required Petitioner’s signature.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board concurred with the AO at enclosure (3) that the Eval is in error and invalid.  In this regard, the Board noted that the adverse Eval was not signed by Petitioner as required by reference (b) and concluded the Eval at enclosure (2) shall be removed from Petitioner’s record and replaced with a memorandum of continuity. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the Eval for the reporting period 23 August 2019 to 1 November 2019, and inserting a memorandum of continuity.   
 
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.