From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
 
Ref: (a) 10 U.S.C. § 1552  
     (b) BUPERSINST 1610.10C (EVALMAN) 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Evaluation Report and Counseling Record for reporting period 14 Dec 14-15 Nov 15 
      (3) NPC memo 1610 PERS-32 of 5 Sep 19 
 
1.  Pursuant to the provisions of reference (a), Petitioner, an enlisted sailor in the Navy, filed enclosure (1) with this Board, requesting that his record be corrected by removing his evaluation report and counseling record (Eval) for the reporting period 14 December 2014 to 15 November 2015.   
                                               
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 24 September 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, found 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 an Evaluation Report and Counseling Record for the reporting period 14 December 2014 to 15 November 2015.  Although Petitioner was an E-5 during the reporting period, his reporting senior incorrectly refers to him as an E-6 (“GM1”) throughout the Eval.  The Eval was not signed by Petitioner before being submitted and entered into his official military personnel file.   On 16 January 2018, Petitioner was promoted to E-6. 
 
   c.  An advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) determined that the Eval in question is invalid and recommends removal.  Additionally, a memorandum is unnecessary because Evals on file maintain continuity. 
 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and in light of the AO, the Board determined that Petitioner’s request warrants relief.  The Board determined that the Eval at enclosure (2) is invalid.  The Board concluded that Petitioner’s record shall be corrected by removing the contested Eval from his OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by removing enclosure (2), the contested Eval for the reporting period 14 December 2014 to 15 November 2015, from his 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 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.