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

Docket No: 5866-19  
Ref: Signature Date  

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

Subj:   REVIEW OF NAVAL RECORD ICO 

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

Encl:  (1) DD Form 149 
       (2) Evaluation Report for the reporting period 1 Apr 15 to 15 Mar 16 
       (3) NPC ltr 1610 PERS-32 of 30 Oct 19 

1.  Pursuant to reference (a), Petitioner, a non-commissioned officer of 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 for the reporting period 1 April 2015 to 15 March 2016, enclosure (2) from his official military personnel file (OMPF) and that his Performance Summary Report (PSR) for the contested period be changed to reflect Regular/Periodic instead of Concurrent. 

2.  The Board, consisting of                                                , reviewed Petitioner’s allegations of error and injustice on 19 December 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 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 regulations within the Department of the Navy. 

     b.  Petitioner contends that the contested Regular/Periodic evaluation report was submitted by                 , covering the same period as his Regular/Period evaluation report from his permanent command,                  . 

     c.  The advisory opinion furnished by PERS-32, enclosure (3), advised that the contested evaluation report is in error.  In this regard, the Petitioner was cross-assigned to                    and the report is technically a Concurrent report, not a Regular report.  The report violates reference (b) and comments in block 43 could be perceived as adverse, requiring the Petitioner’s signature.  Reporting seniors are required to obtain the member’s signature for comments suggesting a persistent weakness, continuing incapacity, or unsuitability for specific assignment or promotion.  The reporting senior commented that Petitioner failed to engage with the unit as a Cross Assigned Sailor.  The evaluation report is not required and as submitted, violates reference (b) for an adverse report.  Moreover, a correction to Petitioner’s PSR is also necessary to change the report type of the correct evaluation report from Concurrent to Regular. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board substantially concurred with the AO that block 43 comments of the contested report could be perceived as adverse, the report violates reference (b), the report is not required, and should be removed.  The Board also concurred that a correction to Petitioner’s PSR is warranted, changing the report type of the correct evaluation report for the reporting period 15 March 2015 to 15 March 2016 from Concurrent to Regular. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by removing the evaluation report for the reporting period 1 April 2015 to 15 March 2016, enclosure (2). 

Petitioner’s naval record be corrected by changing the Performance Summary Report, report type of the correct evaluation report for the reporting period 15 March 2015 to 15 March 2016 from Concurrent to Regular. 

Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record, that no such entries or material be added to the record in the future.  This includes but is not limited to all information systems and data base entries which reference and/or discuss the material being expunged. 

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. 


2/14/2020