DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hd
Docket No. 10996-08
14 March 2009
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Sub): iii nee
REVIEW OF NAVAL RECORD —
Ref: (a) £0 Uss.c, L552
Encl: (1) DD Form 149 dtd 10 Nov 08 w/attachments
(2) PERS-832B memo dtd 22 Jan 09 w/enclosures
(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 to show his good conduct medal awarded on
ll December 2007 was not revoked.
2. The Board, consisting of Mses. LeBlanc and Wilcher and Mr.
Wilson, reviewed Petitioner's allegations of error and injustice
on 12 March 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
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2), the Navy
Porsonnel Command office with cognizanc:: over the subject mati er
of Petitioner’s case states his good conduct medal was revoked
without authority by his comm:nding officer, when only the
secretary of the Navy had that authority, and interposes no
ebjection to whalever achion the Board dems appropriate,
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 corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by
reconstructing his NAVPERS 1070/604 (page 3) to show his good
conduct medal (third) awarded on 11 December 2007 was not
voided, and his eligibility was not restarted effective 24 June
2006; and that Petitioner be awarded the good conduct medal
(third) that had been voided.
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.
BrVEPY ¢ (2x22 yg,
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.
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