DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 3517-08
19 September 2008
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Forms 149 (3) dtd 19 Mar 08 w/encls
(2) HOMC MIO memo dtd 8 Aug 08
(3) Subj’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 that his
naval record be corrected by removing the service record page 11
(“Administrative Remarks (1070)") entries dated 27 October 2004
(page lic), 5 February 1996 (page 11d) and 20 February 1996
(page lle). Copies of these entries are in enclosure (1) at
Tabs A through C, respectively.
2. The Board, consisting of Ms. Humberd and Messrs. Boyd and W.
Hicks, reviewed allegations of error and injustice on
18 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. In correspondence attached as enclosure (2), the
Headquarters Marine Corps Manpower Information Operations,
Manpower Management Information Systems Division has commented
to the effect that only Petitioner’s request to remove the page
11 entries dated 5 and 20 February 1996 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 error and injustice warranting the
following limited corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entries dated 5 February 1996 (page 11d) and 20 February 1996
(page lle). This is to be accomplished by physically removing
the page 11’s on which the entries appear or completely
obliterating the entries 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.
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 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.
PUT as f [arFads
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.
So fo FFER
kr2_wW. DE
Executive Director
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