From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  USN, XXX-XX-   (RET) 
 
Ref: (a) Title 10 U.S.C. § 1552  
 
Encl: (1) DD Form 149 w/enclosures 
 (2) NAVPERS 1070/609 Enlisted Performance Record 
 (3) NPC ltr 1070 PERS-31/01 of 14 Apr 2020 
 (4) NPC memo 1430 PERS 8031/0076 of 25 Feb 2020 
 (5) PERS-00J ltr of 31 Mar 2020  
 (6) PERS-803 memo 1430 PERS 8031/0160 of 6 Jun 19 
 
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 his nonjudicial punishment and advancement him in rate. 
                                           
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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.   
 
 c.  Petitioner received nonjudicial punishment (NJP) on 9 November 1990.  The NJP was subsequently set aside by Commanding Officer, and all “rights, privileges, and property” affected by the execution of the NJP were restored.  On 16 January 1991, a court memorandum was issued which “disallowed” Petitioner’s NJP and restored all his rights and privileges.   
 
 d.  Although the court memorandum and documents pertaining to Petitioner’s NJP have been removed from the record, enclosure (2), Petitioner’s Enlisted Performance Record, still reflects a “90NOV09” NJP entry which lowered his rate to “OS2” and a subsequent “91JAN16” entry that advanced his rate to “OS1.”   
 
      e.  Petitioner, a retired Operations Specialist First Class, contends his NJP of 9 November 1990 was set aside but never removed from his record.  Further, he contends he was never advanced to E-7, E-8, or E-9 due to the NJP remaining in his record.   
 
 f.  The Advisory Opinions (AO) at enclosures (3), (4), and (5) recommend removal of the NJP entry on Petitioner’s NAVPERS 1070/609, Enlisted Performance Record but recommend denial of his request to be advanced in rank.  Enclosure (4) specifically explains Petitioner was considered board eligible for the January 1991 (Cycle 130) E-7 Navy Wide Advancement Exam but was not selected for advancement by the board but there is “no way to determine whether a court memorandum NAVPERS 1070/607 affected” his non-selection.  Enclosure (5) highlights Petitioner’s inability to “score well enough on his chief’s exam to be board-eligible” and points out Petitioner contends “he lacked motivation during the test because of his perception that the NJP would not allow him to advance.”   
 
 g.  Enclosure (6), a previously obtained AO provided to Petitioner during the consideration of his initial request for relief in 2019, includes an exam history which reflects Petitioner took the E-7 exam in 1990, 1992, 1993, 1994, 1995, 1996, and 1997 but his final multiple score was not high enough to become E-7 selection board eligible during those years.    
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board relied upon enclosures (3) through (6) and determined Petitioner’s request warranted partial relief.  Specifically, the board noted Petitioner’s Enlisted Performance Record still erroneously reflected a “90NOV09” NJP entry which lowered his rate to “OS2” and a subsequent “91JAN16” entry that advances his rate to “OS1.”  However, the Board, relying upon enclosures (5) and (6), determined there was insufficient evidence of an error or injustice which warranted granting Petitioner’s request to be advanced in rate.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by redacting the 90NOV09 and 91JAN16 entries from his NAVPERS 1070/609, Enlisted Performance Record. 
 
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. 
 
No further relief be granted. 
    
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. 
     
3/16/2021
Deputy Director