Docket No: 7070-19 
Ref:   Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  
 
Ref:  (a) Title 10 U.S.C. § 1552 
   
Encl: (1) DD Form 149 w/attachments  
      (2) Evaluation report for the reporting period 15 Feb 18 to 15 Jun 18 
      (3) NPC memo 1610 PERS-32 of 13 Nov 19 
 
1.  Pursuant to the provisions of the reference, Petitioner, an enlisted service member 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 15 February 2018 to 15 June 2018. 
 
2.  The Board, consisting of      reviewed Petitioner's allegations of error and injustice on 15 September 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner’s evaluation report, enclosure (2), was marked 2.0 for block 36 performance trait (Military Bearing/Character) and block 47 (Retention) was marked “Not Recommended”.   
 
     b.  Petitioner contends that block 43 (Comments on Performance) did not include comments to substantiate the block 36 performance trait mark 2.0 and recommendation against retention.  
 
     c.  The advisory opinion (AO), enclosure (3) recommended removal of the evaluation report and replacement with a memorandum.  The AO noted that the evaluation report is in violation of the Navy Performance Evaluation System Manual (EVALMAN).  Specifically, the reporting senior (RS) did not provided comments to substantiate the 2.0 performance trait assigned in block 36 (Character), nor did he provide an explanation for the “Not Recommended” retention mark. The AO further noted that the block 43 comments would suggest that Petitioner’s performance met the standards along with comments that Petitioner had unlimited potential in any task requiring technical skills and initiative. 
 
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 Petitioner’s evaluation report violates the EVALMAN and should be removed.  The Board determined that the RS failure to substantiate the 2.0 performance trait for character and recommendation against retention invalidates the evaluation report.  The Board thus concluded that Petitioner’s evaluation report for the reporting period 15 February 2018 to 15 June 2018 shall be removed and replaced with a memorandum. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his evaluation report for the reporting period 15 February 2018 to 15 June 2018 and replacing it with a memorandum. 
 
Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems/database entries that reference 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.