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

Docket No. 10441-19                                                         
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF      (RET) 

Ref: (a) Title 10 U.S.C. § 1552 
(b) BUPERSINST 1610.10D (EVALMAN) 

Encl: (1) DD Form 149 
      (2) Fitness Report and Counseling Record 16 Sep 16 to 14 Apr 17 
      (3) NPC memo 1610 PERS-32 of 10 Dec 19 
      (4) Office of Legal Counsel memo PERS-00J of 18 Dec 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 record be corrected by removing the evaluation and counseling record covering the period 16 September 2016 to 14 April 2017 and all Detachment for Cause (DFC) documents from his official military personnel file (OMPF). 

2.  The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on 2 February 2021 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, 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.  On 28 February 2017 Petitioner’s commanding officer (CO) requested Petitioner’s DFC by reason of unsatisfactory performance over an extended period.  Petitioner received an evaluation and counseling record for 16 September 2016 to 14 April 2017 (enclosure (2)); the evaluation has Petitioner’s signature.  However, Petitioner contends that the evaluation is invalid as he was not debriefed on the adverse evaluation prior to its submission and he was not present to sign the report.  Petitioner argues that his signature on the evaluation was forged and consequently his fitness report and all DFC related documents should be removed from his official file. 

     c.  Enclosure (3), an advisory opinion (AO) furnished by Navy Personnel Command (PERS­32), recommended granting Petitioner’s request to remove the evaluation due to the fact that reference (b) prohibits mention of a DFC within an evaluation and counseling record prior to approval.  Navy Personnel Command approved the DFC on 19 March 2018; however, the fitness report end date was 14 April 2017.   

     d.  Enclosure (4), an AO furnished by Office of Legal Counsel (BUPERS-00J), recommended denying Petitioner’s request on the basis that the signatures on all the documents were nearly identical, and reference (b) does not require an in-person brief for the evaluation.   


CONCLUSION 
Upon review and consideration of all the evidence of record and in light of the PERS-32 AO, the Board determined that Petitioner’s request warrants partial relief.  Petitioner’s evaluation and counseling record of 16 September 2016 to 14 April 2017 included a statement regarding his DFC which had yet to be approved in violation of reference (b).  The Board thus concluded that the contested evaluation shall be removed. 

The Board, however, determined that Petitioner’s DFC shall remain.  In this regard, the Board noted Petitioner admitted in his statement for the command investigation that he had a severe decline in performance. The CO concluded that Petitioner’s performance negatively impacted the ship’s operation and the command properly prepared and submitted the DFC request which was reviewed and approved by Commander, Navy Personnel Command. 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action: 
Remove Petitioner’s evaluation and counseling record dated 16 September 2016 to 14 April 2017. 

No further relief is to 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


2/17/2021 

Executive Director