DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket. No: 5641-08
5 December 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Leer)
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 10 Jun 08 w/attachments
(2) HQOMC MIO memo dtd 28 Oct 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.d (*Administrative Remarks (1070)") entry dated 6 April 2006
and his rebuttal dated 13 April 2006, copies of which are in
enclosure (1) at Tab A.
2. The Board, consisting of Messrs. Grover, Rothlein and
Zsalman, reviewed allegations of error and injustice on
A December 2008, and pursuant to its regulations, determined
that 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. The service record page 11.d on which the contested
entry appears also includes an uncontested entry.
c. In correspondence attached as enclosure (2), the
Headquarters Marine Corps Manpower Information Operations,
Manpower Management Information Systems Division has commented
to the effect that Petitioner’s request has merit and warrants
favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the content of enclosure (2), the Board |
finds the existence of an error and injustice warranting the
following corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
the service record page 11.d (“Administrative Remarks (1070)”)
entry dated 6 April 2006 and his rebuttal dated 13 April 2006.
This is to be accomplished by reconstructing the page 11.d on
which the entry to be removed appears and physically removing
the rebuttal, or completely obliterating the entry and rebuttal
so they cannot be read, rather than merely lining through the
entry and rebuttal.
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 ina
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
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
BVAT RS tA
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. Pursuant to the delegation of authority set oul 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.
easy sake .
Executive Diregt
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