DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 10109-0907
7 February 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Nov OF Wfattachmenrs
Encl: (lL) DD Form 149 até j :
(2) HOMC MIO memo dtd 14 Jan 08
(3) HOMC MMER/PERB e-mail dtd 6 Feb os and copy of
Subj’s removed fitrept for 30 Aug to 12 Sep 05
(4) Subject's naval record
Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect,
record be corrected by removing th
(“Administrative Remarks (1070) 7)
entries dated 12 September 2005,
enclosure (1) at Tab aA.
2. The Board, consisting of Messrs. Dunn, Lippolis and Lucas,
reviewed Petitioner's allegations of error and injustice on 7
February 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:
b. In correspondence attached as enclosure (2), the
Headquarters Marine Corps (HQMC) Manpower Information
Operations, Manpower Management Information Systems Division
commented to the effect Petitioner’s request has merit and
warrants partial relief, specifically, modifying the
disenrollment entry by removing “in particular the pull up
portion of the PFT [physical fitness test]” and removing the
counseling entry entirely.
c. In enclosure (3), the HQMC Performance Evaluation Review
Branch advised that the reason the HQMC Performance Evaluation
Review Board (PERB) had directed removing Petitioner’s fitness
report for 30 August to 12 September 2005, the period during
which he received the contested page l1(c) entries, was that the
third officer action failed to address the differences between
Petitioner and the reporting senior/reviewing officer.
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.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by amending
the service record page 11(c) disenrollment entry dated 12
September 2005 by deleting “in particular the pull up portion of
the PFT”.
b. That his record be corrected further by removing the
page li(c) counseling entry dated 12 September 2005. This is to
be accomplished by reconstructing the page 11(c) on which the
entry appears, or completely obliterating it so it cannot be
read, rather than merely lining through it.
c. 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.
ad. 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.
e. That the remainder of Petitioner’s request be denied.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
DSVALIEEY Fp [ga Kin
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 PF F
Executive Dilr&cto
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