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

Docket No. 9886-18  
Ref: Signature Date  

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 
      (2) Evaluation Report and Counseling Record for reporting period 16 Mar 13 to 15 Jan 14 
      (3) Evaluation Report and Counseling Record for reporting period 16 Jan 14 to 30 Sep 14 
      (4) NPC memo 1610 PERS-32 of 3 Apr 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 16 January 2014 to 30 September 2014. 

2.  The Board, consisting of                                           , reviewed Petitioner's
allegations of error and injustice on 29 October 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 enclosure (2), a Promotion/Frocking Eval for the reporting period 16 March 2013 to 15 January 2014.  He was also issued enclosure (3), a Promotion/Frocking Eval for the reporting period 16 January 2014 to 30 September 2014 (contested Eval).  Petitioner contends that blocks 33 to block 46 of the contested Eval duplicate the same blocks in the Eval at enclosure (2), and that his rate is incorrect because he was an IS1. 

      c.  An advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) determined that the contested Eval is in error.  PERS-32 noted that the contested Eval was submitted for Petitioner’s frocking to PO1 (E6), although his promotion frocking was already covered in his Eval for the period 16 March 2013 to 16 January 2014, enclosure (3).  However, PERS-32 determined that each report covers a different period of duty, and that removing the contested report would create a continuity gap between Evals.  PERS-32 recommended that the contested Eval be corrected as follows: (1) Block 2 reflect “IS1,” as Petitioner was actually promoted to E6 on 16 January 2014, and (2) blocks 10 through 13 be changed to “detachment of individual.”  PERS-32 noted that the contested Eval has obvious supplemental and administrative errors that may be corrected with a supplemental letter. 

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 partial relief.  The Board determined that, although the Eval at enclosure (3) is in error, removing it would create a continuity gap.  The Board determined that the Eval contains correctable errors, and concurred with the changes recommended by PERS-32.  The Board concluded that Petitioner’s record shall be corrected by changing block 2 to reflect “IS1” and blocks 10 through 13 to “detachment of individual.” 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action. 

Petitioner’s record be corrected by modifying block 2 of the contested Eval to reflect “IS1” and changing blocks 10 through 13 to “detachment of individual.” 

No further relief be granted. 

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. 

Sincerely, 


1/7/2020