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NAVY | BCNR | CY2007 | 08514-07
Original file (08514-07.rtf) Auto-classification: Approved
        






JSR
Docket No. 8514-07
          3        April    2008
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    ____

Ref:     (a) 10 U.S.C. 1552
En cl :    (1) DD Form 149 dtd 14 Sep 07 w/attachments
 (2)      HQMC MIO memo dtd 4 Jan 08 w/enclosures
(3)      HQMC JAM7 memo dtd 6 Mar 08
(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 the applicable naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 1 August 2005 and her undated rebuttal, copies of which are in enclosure (1) at Tab A.
2.       The Board, consisting of Ms. Willis and Messrs. Grover and Pfeiffer, reviewed Petitioner’s allegations of error and injustice on 3 April 2008, 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.       The page 11 on which the contested entry appears also includes an uncontested entry dated 24 October 2005.






c.       In correspondence at enclosures (2) and (3), from Headquarters Marine Corps MIO and JAM7, respectively, these offices have commented to the effect that Petitioner’s request has merit and warrants favorable action. MIO and JAM7 also recommended removing the uncontested page 11 entry dated 11 April 2005; and MIO, but not JAN7, also recommended removing the uncontested page 11 entry dated 27 July 2005. Copies of the entries dated 11 April and 27 July 2005 (with Petitioner’s rebuttal) are at enclosure (2)
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 injustice warranting the requested relief. The Board did not consider removing either of the entries dated 11 April and 27 July 2005, as Petitioner did not request this, and the Board is not satisfied of any connection between these entries and the contested entry dated 1 August 2005. In view of the above, the Board directs the following corrective action.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 1 August 2005 and her undated rebuttal. This is to be accomplished by reconstructing the page 11 on which the entry appears and physically removing the rebuttal, or completely obliterating the entry and the 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


2





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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