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NAVY | BCNR | CY2007 | 10782-07
Original file (10782-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100



 JSR
 Docket No. 10782-07
28 February 2008


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
         Encl:     (1)      DD Form 149 dtd 3 Dec 07 w/ attachments
                  (2)      HQMC MIQ memo dtd 12 Feb 08 w/encl
                  ( 3.)     Subjects naval record
1.       Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board retesting , in effect, that the applicable naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)’) entries dated 24 April 2000 (llb), 5 September 20000 (llb) and 17 November 2000 (lic) copies of which are in enclosure (1) at Tab A.
2.       The Board, Consisting of Mses. Guill, Humberd and Wilcher, reviewed Petitioner’s allegations of error and injustice on 28 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:
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 office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request 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 injustice warranting the following corrective action.
RECOMJ~ENDAT ION:
a.       That Petitioner’s naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070) “) entries dated 24 April 2000 (lib), 5 September 2000 (llb) and 17 November 2000 (lic). This is to be accomplished by physically removing the pages llb and c on which the entries appear, or completely obliterating the entries so they cannot be read, rather than merely lining through the entries.
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.       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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