DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS. 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 JMP Docket No: aT This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 155: The final decision in his case has been approved, a copy of which is enclosed. The approved changes to your naval record will be made by the Commander, Navy Personnel Command (NPC) Code PERS-312)), 5720 Integrity Drive, Millington, TN 38055-3120. Please wait at least 180 days from the date of this letter before contacting NPC about the status of your case SincerelyDEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 8. COURTHOUSE ROAD, SUITE 1001 ‘ARLINGTON, VA 22204-2490 JMP Docket No: AYE Y= 2007 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF i USN, Ref: (a) 10U.S.C. §1552 Encl: (1) DD Form 149 with attachments (2) Case Summary 8) memo dtd 25 Nov 15 @ fmemo dtd 4 Dec 15 (5) NPC/PERS-32 memo dtd 29 Mar 17 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Navy, filed enclosure (1) with this Board requesting removal, from his Official Military Personnel File (OMPF), of the following: 1) evaluation report covering 16 July 2014 to 15 July 2015, 2) evaluation report covering 16 July 2015 to 5 July 2016, and 3) all documentation associated with a Physical Fitness Assessment (PFA) failure dated 20 May 2015. Petitioner also requests back-dated promotion to the date he would have been promoted if the adverse evaluations were not in his OMPF. Enclosures (2) through (5) apply. 2. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 3. The Board, consisting of I, [IIEE. and (III reviewed Petitioner's allegations of error and injustice on 10 August 2017 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, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by the Navy Personnel Command (PERS 32), a copy of which is provided as enclosure (3). 4, The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.Subj: REVIEW OF NAVAL RECORD 0F i! USN, b. Enclosure (1) was filed in a timely manner. «. Petitioner spearheaded a request for help that was signed by 25 sailors in the command which resulted in a command climate survey and command investigation. The survey and investigation substantiated allegations that a hostile work environment, in which senior enlisted leadership manipulated evaluations and sexually harassed junior service members, existed at the command. As a result of the investigation, three senior leaders were removed from the clinic. Two senior leaders that remained after the investigation threatened and followed through with retaliation against Petitioner. Per Petitioner's statement, the command unsuccessfully attempted to administratively separate Petitioner and, with the aid of legal counsel and an inspector general, Petitioner was instead removed from the hostile work environment and given his choice of duty station. 4. Enclosures (3) and (4) were provided by two witnesses to Petitioner's 2015 spring physical readiness test (PRT) failure on the curl-ups portion. Each witness stated Petitioner was properly performing the exercise but was singled out by several assistant command fitness leaders (ACEL) who discontinued Petitioner's exercise with more than a minute remaining on the allotted time. e. Enclosure (5) is PERS-32's determination that the evaluation reports are suspect of injustice and should be removed and replaced with memorandums to maintain continuity. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concludes that Petitioner's request warrants partial favorable action. The Board believes it is unjust for the evaluation report covering 16 July 2014 to 15 July 2015, and the evaluation report covering 16 July 2015 to 5 July 2016 to remain in Petitioner's OMPF. ‘The Board also concludes it is unjust for the PFA failure of 20 May 2015, an all associated documentation, to remain in Petitioner's OMPF. The Board noted there was no evidence in the record, and Petitioner did not provide any, to substantiate Petitioner's request for a back-dated promotion. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: a, That Petitioner's naval record be corrected by removing the following evaluation reports. Date of report Reporting senior Period of report 23 July 2015 CAPT NS 14JUL16 to 1SJUL15 30 June 2016 CAPT EE | 15JUL16 to 16JULOSSubj: REVIEW OF NAVAL RECORD OF i USN, ’. That there be inserted in Petitioner’s naval record a memorandum in place of the removed report, containing appropriate identifying data concerning the report; that such memorandum state the report has been removed by order of the Secretary of the Navy in accordance with the provisions of federal law and may not be made available to selection boards and other reviewing authorities; and that such boards may not conjecture or draw any influences as to the nature of the report. c. That Petitioner's record be expunged of all documentation associated with his PFA failure dated 20 May 2015. 5. 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. 6. 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 Regulation, Section 723.6(e)) and having assured compliance with its provisions, itis 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.DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 IMP Docket No: aye te aan From: Chairman, Board for Correction of Naval Records To: Commander, Navy Personnel Command ‘Subj: REVIEW OF NAVAL RECORD OF x! USN, Ref: (a) 10U.S.C. §1552 Encl: (1) Copy of approved Report of Proceedings w/o attachments (2) Copy of letter to Subject 1. In accordance with reference (a), the Board for Correction of Naval Records has reviewed allegations of error and injustice in Subject’s naval record. 2. The designated representative of the Assistant Secretary of the Navy for Manpower and Reserve Affairs has reviewed the proceedings of the Board and approved the recommendation for corrective action as set forth in enclosure (1). 3. Regulations approved by the Secretary of the Navy require that Subject’s naval record be corrected, where appropriate, in accordance with the approved recommendation of the Board. 4. The Board has advised Petitioner of the Assistant Secretary's designated representative's action. Enclosure (2) applies. 5. Itis requested that this Board be furnished a copy of any correspondence relating to the approved recommendation.