DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 2803-07
5 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: “i
REVIEW OF NAV
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Forms 149 (2) dtd 24 Feb O07,
each w/attachments
(2) HQMC MIO memo dtd 26 Jul 07 w/enclosure
(3) Subject’s ltr dtd 7 Aug 07 w/enclosures
(4) HQMC MMER/PERB memo dtd 9 Jan 08
(5) HOMC MIO memo dtd 4 Apr 08
(6) Subject’s ltr dtd 15 Feb 08 w/enclosures
(7) HOQMC MMER/PERB memo dtd 8 Jul 08
(8) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, removal of the Marine Corps Total Force System (MCTFS)
weight control entries for 8 July to 14 August 1996 and 23 April
to 25 August 1997 (copy at Tab A in enclosure (1)). As
indicated in enclosure (2), Headquarters Marine Corps (HQMC) has
corrected the MCTFS data as he requested. He also requested
removal of his service record page 11 (“Administrative Remarks
(1070)”) entries dated 23 July 1996 and 23 April 1997 (copies at
Tab B in enclosure (1)) and 24 March 1999 (page 11d) (copy in
enclosure (3)). He further requested removal of the fitness
report for 20 November 1998 to 31 March 1999 (copy at Tab C in
enclosure (1)). As indicated in enclosure (7), the HOMC
Performance Evaluation Review Board (PERB) has directed
modifying this report by removing from section F.5
(justification for mark in “Communication Skills”) “for the
third time in MRO [Marine reported on]’s career” and from
section K.4 (reviewing officer's comments) “on three occasions.”
2. The Board, consisting of Ms. Humphrey and Messrs. Koman and
Washington, reviewed Petitioner’s allegations of error and
injustice on 4 September 2008, and pursuant to its regulations,
determined that limited relief should be granted. 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 which were available under existing law
and regulations within the Department of the Navy.
b. Petitioner made no statement in rebuttal to the
contested adverse fitness report. The third Sighting officer
signed his addendum page.
c. In enclosure (2), the HQOMC Manpower Information
Operations, Manpower Management Information Systems Division
(MIO) advised they had removed the contested MCTFS entries and
commented to the effect that the page 11 entries dated
23 July 1996 and 23 April 1997 should stand.
d. In enclosure (3), Petitioner added his request to remove
the page 11 entry dated 24 March 1999.
e. In enclosure (4), the HQMC PERB commented to the effect
that the contested fitness report should stand.
f. In enclosure (5), the HOMC MIO commented to the effect
that the page 11 entry dated 24 March 1999 was erroneous and
therefore should be removed.
g- In enclosure (6), Petitioner contended that the
contested fitness report improperly commented on his entire
career rather than just the period covered, that the third
sighting officer did not make findings and did not sign his
addendum page, and that Petitioner did not rebut the report
because he was told it was too late to do go and he did not
understand the repercussions of not submitting a rebuttal.
h. In enclosure (7), the HOMC PERB advised they had
directed modifying the fitness report at issue as stated in
paragraph 1 above. The PERB commented to the effect that the
report, as modified, should stand.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (5), the Board
finds the existence of an error warranting partial relief,
specifically, removal of the page lid entry dated 24 March 1999.
The Board concurs with enclosure (2) in finding the page 11
entries dated 23 July 1996 and 23 April 1997 should stand. The
Board concurs with enclosure (7) in finding the contested
fitness report, as modified, should stand. In this regard, the
Board notes the third Sighting officer did sign his addendum
page and finds that since Petitioner made no statement, the
third sighting officer was not required to make findings.
Finally, the Board is unable to find Petitioner was improperly
advised in connection with making a rebuttal to the report. In
view of the above, the Board directs the following limited
corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
the service record page 11d (“Administrative Remarks (1070) 7”)
entry dated 24 March 1999. This is to be accomplished by
physically removing the page 11 on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through the entry.
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.
dad. 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 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 PPEIFRER
Executive Dire
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