DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

SMC
Docket No: 08720-00
5 April 

2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

(a)
(1)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 dtd 18DecOO w/attachments
HQMC MIFD memo dtd 3 
Memo for Record dtd 
Subject’s naval record

9FebOl

lJanO1

From:
To:

Subj:

Ref:

Encl:

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 a service record page 11 ( “Administrative Remarks (1070)“) entry
dated 31 July 1992. A copy of the page 11 entry is at Tab A. As indicated in the
correspondence at enclosure (2) from Headquarters Marine Corps 
directed amending the contested service record page 11 entry by removing the words “and
recieving [sic] Company Office hours. 
”

(MIFD), they have

2. The Board, consisting of Messrs. Chapman, Shy and 
allegations of error and injustice on 5 April 2001, 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.

Zsalman, reviewed Petitioner’s

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. The contested entry states that Petitioner was not recommended for promotion to

sergeant for the July, August, September 1992 promotion period because of driving under the
influence “and recieving [sic] Company Office hours [nonjudicial punishment 

”
(NJP)]. 

C. Petitioner submitted a letter from his commanding officer (CO) dated

22 September 1993, stating that the NJP awarded Petitioner on 11 June 1992 for violation of

Article 111 of the Uniform Code of Military Justice (drunken or reckless driving) is set
aside. The letter further requested that a unit diary entry be made reinstating the $250.00
forfeiture and that the service record page 12 ( “Offenses and Punishments ”) entry be
removed.

d. The MIFD correspondence at enclosure (2) did not make any recommendation as to

whether this Board should grant the full relief Petitioner requested. The memorandum for
record at enclosure (3) reflects the reason they had granted only limited relief was that they
felt the “situation looks a bit suspicious ” in view of the CO ’s having taken 15 months to set
aside the NJP, a period they considered  “a bit lengthy, ” and his having given no reason for
his action.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting the requested relief. Having duly noted the concerns cited in
(3), they are nevertheless satisfied that the CO action setting aside the NJP
enclosure 
warrants complete removal of the contested page 11 entry. Accordingly, they direct the
following corrective action:

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected by removing the service record page 11

(“Administrative Remarks (1070) “) counseling entry dated 31 July 1992. This is to be
accomplished by reconstructing the page on which the entry appears or by completely
obliterating the entry so it cannot be read, rather than merely lining through it.

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 
Petitioner’s naval record.

file maintained for such purpose, with no cross reference being made a part of

2

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

JONATHAN S. 
Acting Recorder

RUSKIN

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.

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:

107 0
MIFD

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj

Encl:

ASE OF STAFF SER
MC

(1) CMC 
(2) Head, Field Support Branch MEMORANDUM dated 30 Jan 01

ltr 1070 MI of 29 Jan 2001

We reviewed Staff

1.
documents concerning his
Administrative 
920731 from his service records.

Sergea
req

Remarks(1070),  NAVMC 

application and supporting
moval of the

118(11),  page 11 entry dated

Staff 

Sergea

2.
are in error or
Individual Records Administration Manual  
MC0 
Marine Corps Manual For Legal Administration (LEGADMINMAN).

aim why he believes that his records
ported by  
P1070.12, Marine Corps
P5800.16,

(IRAM) and 

MC0 

The enclosures are

3.
limited relief of Staff Serge
administratively granted by t

forwarded, informing the Board that

equested action was

Upon receipt, this office will forward to the Board the

4.
documents requested in enclosure (1).

5.

Point of 

contac

Manpower Management Information
Systems Division

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER  

TO:

From:
To:

Commandant of the Marine Corps
Commanding Officer,
Division, Marine Forces Pacific, Unit 35840, FPO AP

Headquarters Battalion, Third Marine

Subj:

THE CASE OF STAFF SERG

MC

Ref:

(a) 

MC0 

P1070.12

The Board for Correction of Naval Records

1 .
that this Headquarters review Staff Serge
and provide advisory opinions and  

pplication
ditionally,
ion of the review and in the event that Staff Sergeant
ested action(s) can be granted administratively,
ction by this Headquarters is authorized with written

recommen

(BCNR) has requested

notification to the BCNR, addressing corrective action taken.

After a 

2.
his application,
Remarks(1070) NAVMC  
error.

rev'iew  of Staff Serge
it has been dete
118(11)  page 

.

ecords
he Administrative

(OMPF/SRB) and

(1l)a entry dated 920731 is in

Effective upon receipt,

3.
corrective action be effected per the reference:

it is requested that the following

a.

Reconstruct the Administrative Remarks page

 

(ll)b, deleting

recieving  Company Office hours." from the page 11

the phrase ‘and 
entry dated 920731.

r.

i

b.

Cite this letter as authority for the record correction

the last entry on the page.

as

C .

Return the original Administrative Remarks(1070) NAVMC
*this Headquarters

118(11)  page 
(MIFD), indicating all corrective actions completed.

(1l)b under separate cover to  

4.
at 

Point of contact
welchjr@manpower.

By direction

30 Jan 

01

MEMORANDUM

From:

To:

Subj:

Field Support Branch, Manpower Management

Head, 
Information Systems Division
Head, Personnel Management Support Branch

CORRECTION TO THE OFFICIAL M
IN THE CASE OF STAFF
USMC

SERGEAN

Ref:

(a) 

MC0 

P1070.12K

The Board for Correction of Naval Records

1.
that this Headquarters review the subject named Marine's
application and provide advisory opinions and recommendations
concerning his alleged claim of error and injustice to his records.
Additionally,
in the event that his requested action can be granted
administratively,
authorized per the reference.

corrective action by this Headquarters is

(BCNR) has requested

 

(OMPF),+it  has been det

After a review of Staff

2.
records 
requires corrective action.
REMARKS(1070) NAVMC  
corrected by expunging the phrase
hours." from his OMPF.

Ser

pplication  and
e following error

118(11), page 

Request that the ADMINISTRATIVE
(1l)b entry dated 920731 be
"and 

recieving  Company Office

Please 

3.
noti
welchjr@manpowe

EMAIL at

by 
is completed.

9 FEBRUARY 2001

MEMORANDUM FOR THE RECORD

I RECEIVED ADVISORY OPINION FROM HQMC (MIFD) 
I
PARTIAL RELIEF. PET REQUEST REMOVAL OF A PG 11 COUNSELING ENTRY
DTD 31 JUL 92 WHICH INDICATES NOT RECOMMENDED FOR PROMOTION DUE
TO DUI AND RECEIVING COMPANY OFFICE HOURS. NJP WAS HELD ON
c 
11 JUN 1992, AND THE CO SET ASIDE THE NJP ON 22 SEP 1993. MI 
..,.......
..> 
.,.,.,., 8&&%
.
. . . . . . . . . . . . . . . . . . . . . . . 

RAN*& 
4,

p,EEETJNG

 
LIMITED 

PHRASE  

f-J,EF,  

ONLY 

‘II-E  

iii 

COMPLETELY  

REMOVING

/I 6 

/& 

-716’6

~~~~~~~~~~l~~~~~~~~~~~~~~~  
.._.......,.,.,.........A  
..A.. 
.,.,. 
,.,.... 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
.
. .. . . 
. . . 
: 
.,. 
THE PG 11.

.,... 
,\., 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 
.
 

..,L/,. 

,.

VICE 

,,,,, 
..,.,.,...................................,.......,.....,...,...,..

I TELEPHONE

THAT A COMMANDING OFFICER HAS A MAXIMUM OF 4 MONTHS TO SET
ASIDE A NJP; 15 MONTHS A BIT LENGTHY, AND THE CO GIVES NO REASON
FOR SETTING ASIDE NJP. MI FELT THE SITUATION LOOKS A BIT SUSPICIOUS.

WHY THEY
R

‘I:,
‘?d 
.WELCH REVEALED

/I & 

/+I\4 

CASE EXAMINER
SHIRLEY COLSTON