DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 600-18 SEP 25 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. §1552 (b) BUPERSINST 1610.1 OD Encl: (1) DD Form 149 (2) Evaluation & Counseling Record for the reporting period 16 Nov 16 to 15 Nov 17 (3) NPC memo 1610 PERS-32 of 10 May 18 1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (I) with this Board requesting that her naval record be corrected by revising her evaluation and counseling record (Eval) for the reporting period 16 September 2016 to 25 October 2016. 2. The Board, consisting of reviewed Petitioner's , , and allegations oferror and injustice on 1 August 2018 and, pursuant to its regulations, detennined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, relevant portions of Petitioner's naval records and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion (AO) provided by Navy Personnel Command (PERS-32) memorandum. 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 ofthe Navy. b. Petitioner contended that the Eval was unjustly downgraded and should be based on her sustained superior performance vice being based on a pending separation. c. In correspondence attached as enclosure (3), the office having cognizance over Petitioner's request opined that the Eval in question is an invalid report and recommended it be revised as requested or removed, and ifremoved, replaced with a memorandum for continuity. The Reporting Senior's justification for the decline was based on the Petitioner's separation from the Navy. The AO determined that the Eval violates the Evaluation Manual policy for declining and could also be perceived as being based on a medical issue vice Petitioner's performance. CONCLUSION Upon review and consideration ofall the evidence of record, and especially in light ofenclosure (3), the Board determined Petitioner's request warrants partial relief. In this regard, the Board concluded that the contested Eva) shall be removed from Petitioner's OMPF and replaced with a memorandum for continuity. RECOMMENDATION In view of the above the Board directs the following corrective action. Petitioner's naval record be corrected by removing enclosure (2), the Eval for the reporting period 16 September 2016 to 25 October 2016 from her OMPF. 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 ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director