From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 (b) BUPERSINST 1610.10D (EVALMAN) Encl: (1) DD Form 149 (2) Evaluation Report and Counseling Record for reporting period 25 Aug 17 to 28 Jun 18 (3) Evaluation Report and Counseling Record for reporting period 25 Aug 17 to 11 Sep 18 (4) NPC memo 1610 PERS-32 of 24 Jan 19 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted Sailor in the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his Evaluation Report and Counseling Record (Eval) for the reporting period 25 August 2017 to 11 September 2018. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 28 January 2020 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 Detachment of Individual/Regular Eval for the reporting period 25 August 2017 to 28 June 2018. He was also issued enclosure (3), a Detachment of Individual/Regular Eval for the reporting period 25 August 2017 to 11 September 2018 (contested Eval). Petitioner contends that the contested Eval was incorrectly entered into his official military personnel file (OMPF) after his Eval ending 28 June 2018 was rejected by the Navy Personnel Command (PERS-32). He asserts that, instead of correcting the original Eval, his command drafted and submitted another Eval, signed by another reporting senior. Petitioner also asserts that his original Eval has been corrected and is now in his OMPF. c. An advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) determined that the Eval ending 11 September 2018 appears to be incorrect based upon Petitioner’s detachment from the command, and recommend that it be removed. The AO noted that, if removed, the Eval ending 30 June 2018 would provide continuity and no other action would be required. CONCLUSION Upon review and consideration of all the evidence of record, and in light of the AO, the Board determined that Petitioner’s request warrants relief. The Board determined that the Eval at enclosure (3) was submitted in error, and removing it would not create a continuity gap. The Board concluded that Petitioner’s record shall be corrected by removing his Eval ending 11 September 2018. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s record be corrected by removing enclosure (3), his Eval ending 11 September 2018. 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.