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

Docket No: 1022-19    
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 
(b) BUPERSINST 1610.10D (EVALMAN)  
Encl: (1) DD Form 149 
(2)  Fitness Report for the reporting period Mar 15 to Mar 16 
(3) Fitness Report for the reporting period Nov 16 to Nov 17  
(4) NPC memo 1610 PERS-32 of 21 Feb 19 


1.  Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Navy, filed enclosure (1) with this Board, requesting that his record be corrected by removing two Evaluation and Counseling Records (“Eval”) from his official military personnel file (OMPF).    

2.  The Board, consisting of  , reviewed Petitioner's allegations of error and injustice on 27 March 2019 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 Petitioner’s application, together with all material submitted in support thereof, relevant portions of his naval record, and applicable statutes, regulations, and policies.  The Board also considered the advisory opinion (AO) provided by the Navy Personnel Command (PERS-32) at enclosure (4).  
   
3.  The Board, having reviewed all the facts of record 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 regulation within the Department of the Navy.

b.  Petitioner was issued two Evals for the reporting periods March 2015 to March 2016 and November 2016 to November 2017.  Both reports identified Petitioner as assigned to NMCB 27 on Block 7, and each Eval was marked as a “Regular” type of report on Block 17.  Petitioner contends that he was not assigned to NMCB 27 during either reporting period and that the Evals overlap his correct ones on file.  

c. In correspondence attached as enclosure (4), the office having cognizance over Petitioner’s request to remove the contested Evals noted that the reports are invalid.  

Furthermore, the AO determined that nothing in Petitioner’s record indicates that he was ever assigned to 

CONCLUSION 
Upon review and consideration of all the evidence of record, and in light of reference (b) and enclosure (4), the Board concluded that Petitioner's request warrants relief. The Board thus concluded that Evals shall be removed from Petitioner’s OMPF.
       
RECOMMENDATION 
In view of the foregoing, the Board recommends the following corrective action. 
Petitioner’s naval record be corrected by removing his Evals for the reporting periods March 2015 to March 2016 and November 2016 to November 2017. 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. 



6/4/2019