Docket No: 8413-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
  
Ref:  (a) Title 10 U.S.C. § 1552 
   
Encl: (1) DD Form 149 w/attachments  
      (2) Evaluation Report for the reporting period 16 Nov 18 to 28 Jun 19 
      (3) NPC memo 1610 PERS-32 of 31 Oct 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 16 November 2018 to 28 June 2019. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 20 October 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 contends that enclosure (2), his Detachment of Individual/Regular report was submitted; however, the detachment did not occur because he was in a limited duty status.   
 
     b.  Enclosure (3), an advisory opinion (AO), furnished by the Navy Personnel Command (PERS-32) noted that a review of Petitioner’s assignment history indicates that he did remain onboard the command without a pending future detachment date.  The AO concluded that Petitioner’s contested report can be removed upon receipt of the next scheduled report or supplemental material.   
  
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board significantly concurred with the AO.  A review of Petitioner’s record identified a Periodic evaluation for the reporting period 16 November 2018 to 15 November 2019.  The Board thus concluded that Petitioner’s evaluation report for the reporting period 16 November 2018 to 28 June 2019 shall be removed. 
 
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 16 November 2018 to 28 June 2019. 
 
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.  
 
11/22/2020
Deputy Director