Docket No. 9841-19
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF  , USNR,    
 
Ref:   (a) 10 U.S.C. § 1552 
       (b) BUPERSINST 1610.10D 
   
Encl:  (1) DD Form 149 w/enclosures  
       (2) Evaluation Report and Counseling Record for the reporting period 20180223-20180701 
       (3) NPC memo 1610 PERS-32 of 11 Dec 19 
 
1.  Pursuant to reference (a), Petitioner, an enlisted member of the Naval Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his Evaluation Report and Counseling Record for the reporting period 23 February 2018 to 1 July 2018.  
 
2.  The Board, consisting of      reviewed Petitioner’s allegations of error and injustice on 28 July 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 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 contends that enclosure (2), his evaluation report, should be removed because he was marked as an E1 instead of an E7 and his evaluation was documented using an E1-E6 evaluation report and counseling record form instead of an E7-E9 evaluation and counseling record form.   
 
      c.  Enclosure (3), an advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), recommended a correction to the Petitioner’s record by removing his evaluation report.  PERS-32 determined that the evaluation report is invalid because it was submitted on the incorrect form.   
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants relief.  The Board concurred with the AO the E7-E9 evaluation form is substantially different than an E1-E6 evaluation form, and to accurately document Petitioner’s performance during the reporting period, the correct form was required.      
 
The Board thus concluded that Petitioner’s evaluation and counseling record for the period of 23 February 2018 to 01 July 2018 be removed from his record. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), his evaluation report and counseling record for the reporting period 20180223-20180701.   
 
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.