DEPARTMENT OF THE NAVY
BOARD FORCORRECTION
NAVY
2
OF NAVAL
ANNEX
RECORD
S
WASHINGTON DC 20370-510
0
BJG
Docket No: 5704-02
20 August 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: S G
SMC
REVIEW OF NAVAL RECORD
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 4 Jun 02 w/attachments
(2) HQMC MIFD memo dtd 6 Aug 02
(3) Subject ’s naval record
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the service record page 11 (
dated 6 October, 3 November, and 1 December 1997. A copy of the page
entries appear is at Tab A to enclosure (1).
“Administrative Remarks (1070)“) entries
11 on which these
2. The Board, consisting of Mses. Humberd and Suiter and Mr. Lippolis, reviewed
Petitioner’s allegations of error and injustice on 15 August 2002, 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.
3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:
’s allegations
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 page 11 on which the contested entries appear also includes uncontested entries.
C.
In correspondence attached as enclosure
(2), the
having cognizance over the subject matter of Petitioner ’s
that this request has merit and warrants favorable action.
Headquarters Marine Corps office
request has commented to the effect
CONCLUSION:
Upon review and consideration of all the evidence of record,
contents of enclosure
(2), the Board finds the existence of an
following corrective action.
and especially in light of the
injustice warranting the
RECOMMENDATION:
a. That Petitioner’s record be corrected by removing the service record page 11
(“Administrative Remarks (1070)“) entries dated 6 October, 3 November, and
1 December 1997. This is to be accomplished by reconstructing the page 11 on which the
entries appear, or completely obliterating them so they cannot be read, rather than merely
drawing a line through them.
b. That any material or entries inconsistent with or relating to the Board
recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.
’s
’s record and
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.
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
&hn / b&zd
JONATHAN S.
Acting Recorder
- 6
RUSKIN
/G lA&L&b
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
5.
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 ROA
QUANTICO, VIRGINIA
D
22134-5103
IN REPLY REFER TO:
107 0
-” MIFD
G
A;!;
i$'!i
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
IN THE CASE OF SERGEANT
USMC
Sergean
1.
has been
Administrative Remarks (1070) NAVMC
dated 971001, 971103,
revrewed concerning his request for removal of three
118(11) page 11 entries
and 971201 from his service records.
application with the supporting document
MC0
P1070.12H,
(IRAM),
Marine Corps Individual Records Administration
authorizes commanders to make Service Record Book
2.
Manual
(SRB) entries on page 11 that are essential to document an event
in a Marine's career for which no other means or method of
recording exists elsewhere in the SRB or the Marine's automated
record,
and which will be useful to future commanders.
Paragraph 1204.3 of
3.
Manual,
commanders and lists restriction categories that prohibit
Marines from being promoted.
P1400.32C,
Enlisted Promotions,
Marine Corps Promotion
provides guidance to
Volume 2,
MC0
The following comments/opinions concerning the page 11
4.
entries are provided:
a.
These page 11 entries meet the elements of a proper page
11 entry per paragraph
required when a Marine is not recommended for promotion due to a
restriction per paragraph 1204.3 of
4010.3n of the
A page 11 entry is
P1400.32.
IRAM.
MC0
b.
Sergeant
signature and indicated his desire
rebuttal.
cknowledged the entries by his
"not
to" make a statement in
C..
Sergeant
provides documented evidence to support
his claim that these page 11 entries are unjust because the
contents of these entries appear to refer to a civil criminal
action in the Court of Common Pleas of Bradford County,
Pennsylvania that was subsequently dismissed on 24 March 1998.
.
Subj:
IN THE CASE OF SERGEANT
USMC
In view of the above,
it is recommended that the Board for
5.
Correction of Naval Records approve
for removal of the Administrative Remarks (1070) NAVMC
page 11 entries dated 971001, 971103, and 971201 from his
service records.
concerning the promotion issue are deferred to the MMPR Branch.
Further comments/opinions/recommendations
Sergean
request
118(11)
6.
Point of contact.
at DSN:
Director
Manpower Management Information
Systems Division
2
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