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NAVY | BCNR | CY2005 | 09828-05
Original file (09828-05.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 00


 BJG
 Docket No: 9828-05
 15 November 2006

From:    Chairman, Board f or Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 10 Nov 05 w/encls
 (2)      HQMC MIO memo dtd 14 Mar 06 w/encl
(3)      HQMC MNER/PERB memo dtd 11 Sep 06
(4)      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 his naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 26 October 2005 (copy in enclosure (2)) and the fitness report for 25 August to 26 October 2003 (copy at Tab A).
2.       The Board, consisting of Ms. Gilbert and Messrs. Dawson and Lippolis, reviewed Petitioner’s allegations of error and injustice on 9 November 2006, and pursuant to its regulations, determined that the limited corrective action indicated below should be taken of 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 enclosure (2), the Headquarters Marine Corps (HQMC) Manpower Information Operations, Manpower Management Information Systems Division (Mb) has commented to the effect that the contested page 11 entry should not be removed, but since Petitioner was not disciplined, the entry should be amended by deleting the following: “Violation of Article 92, UCMJ [Uniform Code of Military Justice].” The entry further states “Failure to take corrective action and any further violations of the UCMJ may result in judicial or adverse administrative action, including but not limited to administrative separation.” MIO states that Petitioner was not removed from the instructor staff; however, the contested fitness report states, in the reviewing officer comments, that he “was relieved of his duties as a Combat Instructor.”
c.       In enclosure (3), the HQMC Performance Evaluation Review Board has commented to the effect that the contested fitness report should stand.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an error warranting the following limited corrective action:
RECOMJ4ENDAT ION:
a.       That Petitioner’s naval record be corrected by modifying as follows the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 26 October 2005:
(1)      Delete “Violation of Article 92, UCMJ.”
(2)      From the sentence “Failure to take corrective action and any further violations of the UCMJ may result in judicial or adverse administrative action, including but not limited to administrative separation.” delete the word “further.”
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 72 3.6(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 ofthe 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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