DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3971-20 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF  
Ref: (a) Title 10 U.S.C. § 1552 (b) BUPERSINST 1610.10D 
Encl: (1) DD Form 149 w/attachments 
      (2) Evaluation Report and Counseling Record for the reporting period 16 Nov 18 to 21 Apr 19 
(3) Administrative Remarks (Page 13) entry of 20 Apr 19 
(4) Evaluation Report and Counseling Record for the reporting period 16 Nov 18 to 15 Nov 19 
(5) NPC memo 1610 PERS-32 of 8 Jun 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 that his naval record be corrected by removing the Evaluation Report and Counseling Record (Eval) for the reporting period 16 November 2018 to 21 April 2019 from his official military personnel file (OMPF). 

2. The Board, consisting of              , reviewed Petitioner’s allegations of error and injustice on 29 April 2021 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, 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 Special/Regular Eval for the reporting period 16 November 2018 to 21 April 2019, documenting his failure to qualify as an Enlisted Surface Warfare Specialist (ESWS), resulting in a non-recommendation for retention and advancement; requalification was required no later than 21 April 2019. Petitioner furnished enclosure (3), an Administrative Remarks (Page 13) entry that indicates he completed his ESWS requalification on 20 April 2019. 

c. Petitioner was issued enclosure (4), a Periodic/Regular Eval for the reporting period 16 November 2018 to 15 November 2019. This Eval overlaps the contested Eval reporting period, but does not refer to his failure to requalify ESWS. 

d. Enclosure (5), the advisory opinion (AO), furnished by the Navy Personnel Command (PERS-32), noted that reference (b) only allows submission of one Regular evaluation report that covers the same period of report. In consideration of all the evidence, PERS-32 determined the contested Eval at enclosure (2) was submitted in error, and recommends it be removed from Petitioner’s OMPF. 


CONCLUSION 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board finds the existence of an error warranting corrective action. The Board noted that Petitioner furnished sufficient evidence that he completed ESWS requalification on 20 April 2019. Thus, the Board substantially concurred with the AO that the contested Eval was submitted in error, and concluded that it shall be removed from Petitioner’s OMPF. 

RECOMMENDATION 
In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing enclosure (2), his Eval for the reporting period 16 November 2018 to 21 April 2019. 

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. 

5/5/2021 

3