DEPARTMENT OF THE NAVY
BOARD’ FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JSR
Docket No. 10092-08
29 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : eee een tee! aren
REVIEW OF NAVAL RECORD
Ref: fa) 10 U.S.C. 1552
Encl: {1) DD Forms 149 datd 6 Qct 08 w/attachments
and 22 Oct 08 (four) each w/ attachments
(2) HQOMC MIO memo dtd 19 Mar 09
(3) 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 removing all five entries from the same
service record page 11 (“Administrative Remarks (1070)"):
undated referencing training on 9 February 2004, dated 1 July
2005, undated referencing the May Fiscal. Year 2005 promotion
period, and two dated 17 August 2005. She further requested
removing the page ll(a) entry dated 26 June 2008. Copies of the
pages 11 and 11(a} on which the contested entries appear are at
Tabs A and B, respectively.
2. The Board, consisting of Ms. Willis and Messrs. Bowen and
Ivins, reviewed Petitioner's allegations of error and injustice
on 29 May 2009, 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
requiacions within the Depastmant of the Navy.
b. In correspondence attached as enclosure (2), the
Headquarters Marine Corps office having cognizance over the
subject matter addressed in Petitioner's application has
commented to the effect that removal of the undated page 11
entry referencing training on 9 February 2004 and the page 11 (a)
entry dated 26 June 2008 is warranted because these entries were
not signed by the commanding officer, but that the remaining
entries should stand because a page 11 entry is required when a
Marine is not recommended for promotion, Concerning these
remaining entries, Petitioner contends she does not fall within
restriction guidelines mandating a recommendation against
promotion; and with respect to the two entries dated 17 August
2005, she also objects that they were done on the same day but
related to different promotion periods.
CONCLUSION :
Upon review and consideration of ail the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an error warranting partial relief,
specifically, removal of the undated page 11 entry referencing
training on 9 February 2004 and the page 11(a) entry dated 26
June 2008. The Board finds the remaining entries should stand
as a recommendation against promotion may be made when it is not
mandated, and it is unobjectionable for entries relating to
different promotion periods to be prepared on the same date. In
view of the above, the Board directs the following limited
corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the undated service record page 11 (“Administrative Remarks
(1070)") entry referencing training on 9 February 2004. 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 her record be corrected further by removing the
service record page li(a) (“Administrative Remarks (1070)”)
entry dated 26 June 2008. This is to be accomplished by
physically removing the page 11{(a) on which the entry appears,
or completely obliterating the entry so it cannot be read,
rather than merely lining through the entry.
ec. 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.
e. 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.
BOPATIBS by (POT
ROBERT D. ZASALMAN 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.
Few. DEAN PRPREFFER
Executive Director
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