DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9441-16 OCT 09 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) I 0 U.S.C. §1552 (b) BUPERSINST 1610.lOD (EV ALMAN) Encl: (l) DD Fonn 149 with attachments (2) NPC memo l610PERS-32of l May 17 (3) of28 Sep 16 5 USC 552(b)6 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member ofthe Navy, filed enclosure ( 1) with this Board requesting that his Evaluation and Counseling Record ("Eva!") for the reporting period l October 2015 to 24 January 2016, be removed from his Official Military Personnel File (OMPF). Enclosures (1) thrpugh (3) apply. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 1 June 2017, 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 ofthe enclosures, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the Advisory Opinion (AO) provided by the Navy Personnel Command (see enclosure (2)). 3. The Board, having reviewed all the facts ofrecord 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. Enclosure (3), submitted by the office having cognizance over the subject matter addressed in Petitioner's application, commented to the affect that Petitioner's request to remove the Eval warrants favorable action because the Eval is invalid. Per reference (b), individuals in the same command or UIC as the regular reporting senior may not act as a concurrent reporting senior. Enclosure (3) confirms that the concurrent and regular reporting senior were in the same command. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants favorable action. Petitioner met the burden of proof necessary to establish an error or injustice warranting removal of the contested report. RECOMMENDATION: In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing the Eval for the reporting period 1 October 2015 to 24 January 20 16. 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 ofthe B]roceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority ofreference (a), has been approved by the Board on behalfofthe Secretary ofthe Navy. Executive Director