DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 9450-08
8 October 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 8 Apr 08
, (2) HQMC MMER/PERB memo dtd 3 Sep 08
(3) HQMC MIO memo dtd 5 Aug 08 w/enclosures
(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 modifying the fitness report for 4 May to
26 August 2005 by removing the mark from section A, item 5.a
(“Adverse”), removing from section I (reporting senior (RS)'s
“Directed and Additional Comments”) “Sect A, Item 5a: This
report is adverse due to the MRO [Marine reported on] ist
assignment to the BCP [Body Composition Program].”, removing
section J.2 (Petitioner’s indication that he had attached a
Statement), removing from section K.4 (reviewing officer’s
comments) “There are no disparities between MRO’s addendum page
and facts reported by RS.”, removing section L (indicating
addendum pages attached) and removing both addendum pages. He
further requested completely removing the fitness report for 27
August 2005 to 26 February 2006. As indicated in enclosure (2),
the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board has directed all the requested corrections of
Petitioner’s fitness report record. Petitioner also requested
removing the service record page 11 (“Administrative Remarks
(1070)") entry dated 23 August 2005, a copy of which is at Tab
A. Finally, he requested removing, from the Marine Corps Total
Force System (MCTFS), the entry reflecting his assignment to the
BCP from 23 August 2005 to 23 February 2006.
2. The Board, consisting of Ms. Prevatt and and Messrs.
Bourgeois and Mann, reviewed Petitioner's allegations of error
and injustice on 8 October 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 uncontested entries.
c. In correspondence attached as enclosure (3), the HOMC
office having cognizance over the subject matter concerned has
commented to the effect that Petitioner’s requests to remove the
page 11 entry and the MCTFS BCP entry have merit and warrant
favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (3), 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 (*Administrative Remarks (1070)”)
entry dated 23 August 2005. This is to be accomplished by
reconstructing the page 11 on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through the entry.
b. That his record be corrected further by removing from
MCTFS the entry reflecting his assignment to the BCP from 23
August 2005 to 23 February 2006.
ce. 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.
d. 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
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
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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.
Dann ©, aed
For_ W. DEAN PFEIFFER
Executive Director
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