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NAVY | BCNR | CY2005 | 04739-05
Original file (04739-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
         Docket No: 4739-05
        26 August 2005

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj     REVIEW OF NAVAL RECORD
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 1 Apr 05 w/ attachments
(2)      HQMC MIO memo dtd 12 Aug 05
(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 that his naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 24 February 2005, and by implication, his rebuttal statement dated 2 March 2005, copies of which are in enclosure (1) at Tab A.
2.       The Board, consisting of Ms. Davies and Messrs. Boyd and Schultz, reviewed Petitioner’s allegations of error and injustice on 25 August 2005, 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’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.       In correspondence attached as enclosure (2) , the Headquarters Marines Corps Manpower Information Operations, Manpower Management Information Systems Division has commented
 to the effect that Petitioner’s request to remove his page 11 entry has merit and warrants favorable action.


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 and injustice warranting the following corrective action.
RECONNENDATION:
a.       That Petitioner’s naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070) “) entry dated 24 February 2005 and his rebuttal statement dated 2 March 2005. This is to be accomplished by physically removing the page 11 and rebuttal, or completely obliterating the entry and rebuttal so they cannot be read, rather than merely lining through them.
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.
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        JONATHAN S. RUSKIN
Recorder         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 PFEIFFER
                                                                                  Executive Director

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