D E P A R T M E N T   OF T H E   NAVY 

B O A R D   F O R C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

BJG 
Docket No:  5158-01 
3 April  2002 

From:  Chairman,  Board  for Correction  of  Naval  Records 
To: 

Secretary of  the  Navy 

REVIEW OF NAVAL  RECORD 

.pr 

Ref: 

(a)  Title  10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 dtd  25 Jun  01 less attachments 
(2)  HQMC MIFD memo dtd  10 Aug  01 
(3)  Subject's  naval  record 

1.  Pursuant to the provisions of  reference (a),  Subject, hereinafter referred to as Petitioner, 
filed enclosure (1) with  this Board  requesting, in  effect,  that  the applicable naval  record be 
corrected by  removing two Police Record  Checks (DD (Department of Defense) Forms 369), 
each dated  10 March  1996; a County of  Erie  District Attorney letter dated  18 March  1996; 
two receipts from  the Town  of  Evans Justice Court, dated  11 and  18 March  1996; and a 
handwritten addendum to  the Questionnaire for National  Security Positions (SF (Standard 
Form) 86).  Copies of  these documents are at Tabs A  through D, respectively. 

2.  The Board,  consisting of  Messrs. Morgan  and  Zsalman and Ms.  Nofziger,  reviewed 
Petitioner's  allegations of  error and  injustice on 27 March  2002, and pursuant  to its 
regulations, determined that the limited 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. 

3.  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. 

b.  Petitioner contends that the documents at issue should be removed because they 
pertain to matters that occurred before he joined  the Marine Corps.  The documents do 
pertain  to  matters  that  occurred before he entered  the Marine Corps on  19 March  1996. 

c.  Although not  specifically addressed in  Petitioner's  application, his record  also 

includes receipts from the Hamburg Town  Court d a r d  26 July  1996 and the Town of Evans 
Justice Court dated  19 August  1996.  These appear  at Tab E. 

d. 

In  correspondence attached as enclosure (2), the Headquarters Marine Corps office 

having cognizance over the subject matter addressed in  Petitioner's application  has 
commented to  the effect that the request warrants limited favorable action.  The advisory 
opinion recommended removing all the contested material, except the handwritten addendum, 
stating that this material is not  authorized  for inclusion in  the Official Military  Personnel 
File.  They stated that the handwritten addendum  is an  authorized document relating to the 
Questionnaire for National  Security Positions  (SF 86). 

CONCLUSION: 

Upon  review  and consideration of  all the evidence of  record,  and  especially in  light of  the 
contents of  enclosure (2), the Board  finds the existence of  an error warranting  approval of 
Petitioner's  request, except as it  relates to  the handwritten addendum, and  removal  of  the 
receipts at Tab E. 

The Board  agrees with  the advisory opinion in  concluding that all the contested  material, 
except the handwritten addendum, should be removed.  They conclude that in  the interest of 
completely correcting the error in  this case, the receipts at Tab E should be removed along 
with  the expressly contested receipts at Tab C.  They  find that while the addendum  does 
pertain  to matters that occurred before Petitioner enlisted in the Marine Corps, it  is properly 
included in  his  record. 

In  view of  the above, the Board  directs the following limited corrective action. 

RECOMMENDATION: 

a.  That Petitioner's naval  record  be corrected by  removing  therefrom  the following: 

(1)  Two Police Record  Checks (DD Forms 369), dtd  10 Mar  96 (S fiche, row  C, 

frames 9 and  10). 

(2)  County of  Erie District Attorney ltr dtd  18 Mar  96 (S fiche, row  C, frame 8). 

(3)  Two receipts from Town  of  Evans Justice Court, dtd  11 and  18 Mar  96 

(S fiche, row  C,  frame 7). 

(4)  Receipts from Hamburg Town  Court dtd 26 Jul 96 and  Town  of  Evans 

Justice Court dtd  19 Aug  96 (S fiche, row  C, frame  13). 

b.  That any material or entries inconsistent with  or relating to the Board's 

recommendation be corrected, removed  or completely expunged  from Petitioner's record  and 
that no  such entries or material be added  to the record  in  the future. 

c.  That any material directed to be  removed  from Petitioner's  naval  record  be  returned 

to  the Board, together with  a copy of  this Report of  Proceedings, for retention  in  a 
confidential file maintained for such purpose,  with  no cross reference being  made a part of 
Petitioner's naval  record. 

d.  That the remainder of  Petitioner's request be denied. 

4.  Pursuant to Section 6(c) of  the revised  Procedures of  the Board  for Correction of  Naval 
Records (32 Code of  Federal Regulations, Section 723.6(c)) 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. 

ROBERT D.  ZSALMAN 
Recorder 

6 ,  .Pd/ 

JONATHAN S. RUSKIN 
Acting  Recorder 

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. 

W.  DEAN PMIFFER 
Executive Director 

DEPARTMENT OF THE N A W  

HEADQUARTERS  UNITED STATES  MARINE  CORPS 

3 2 8 0  RUSSELL  ROAD 

QUANTICO.  VIRGINIA  2 2 1 3 4 - 5 1 0 3  

IN REPLY REFER TO 
1070 
MI FD 

* 
4 

L 

.

\

I  a  - ~ ' ~ i  

 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Sub]:  BCNR APPLICATION IN THE CASE OF SERGEANT 

SMC 

1.  ~er~eant-s 
has been reviewed concerning his request for removal of 
extraneous material from his official military personnel 
(OMPF) . 

application with supporting docume 

1ts 

files 

1 
2.  MCO 1070.14, Official Military Personnel Files  (OMPF 
Contents, sets forth guidance and- provides information on the 
contents of the OMPF in use at Headquarters, U. S. Marine Corps 
and the policies and procedures for forwarding documents 
authorized for inclusion in the OMPF.  Limitations exist 
regarding the types of documents authorized for inclusion in the 
OMPF. 

3 .   MCO P1100.72, Military Personnel Procurement Manual, Volume 
2 ,  Enlisted Procurement  (MPPM ENLPROC) sets forth guidance and 
provides information on the completion, disposition, and 
distribution of source documents used for verification by 
Marine Corps recruiters when an applicant applies for initial 
enlistment into the Marine Corps. 

4.  The following comments/opinions concerning the extraneous 
material on file in his OMPF are provided: 

application are 

ENLPROC : 

a.  Documents enclosed in Sergean-s 

pre-enlistment forms identified  in the MPPM ENLPROC. 

b.  Distribution of these forms are as follows per the MPPM 

 in Sergeant - OMPF per MCO 1070.14 and the 

initial enlistment and are not authorized documents to 
d

3 6 9 ) ,   the District Attorney of Erie County letter dated March 18, 
1996, and the receipts from the Town of Evans Justice Court-are 
maintained by the recruiting station for the duration of Sergeant 

(1) An original copy of the Police Record Check  (DD Form 

(2) The hand written addendum with the title line of  "#23 
D. 123 72 15801' is an additional page to the 
~on't-oseph 
Questionnaire for National Security Positions (Standard Form 86), 
an authorized document for inclusion in sergean- 
per MCO  1070.14 and the MPPM  ENLPROC. 

OMPF 

d

E
MPPM ENLPROC. 

e

S u b j :   BCNR APPLICATION IN THE CASE OF SERGEANT- 

-SMC 

5.  In view of the above, it  is recommended that: 

a.  The Board for Correction of Naval Records provide partial 
relief and approve Sergean- 
request to remove the Police 
Record Checks  (DD Form 369), the Dlstrict Attorney of Erie County 
letter dated March 18, 1996, and the receipts from the Town of 
Evans Justice Court from his OMPF. 

b.  If  the Board for CorrecLion of Naval Records finds that 

Sergean 
committed, approve the removal of extraneous material  from his 
OMPF . 

records are in error or an injustice was 

6.  Point of contact is 

t DS- 

Director 
Manpower Management Information 
Systems Division