DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11543-08
9 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 3 Nov 08 w/attachments
(2) HOMC MIO memo dtd 14 Jan 09
(3) Memo for record 4 Mar 09
(4) Subject'’s naval record
i. 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 modifying the Marine Corps Total
Force System (MCTFS) data by removing the weight control entries
for 10 February 1993 to 4 October 1996 and 5 December 2000 to
25 April 2001 (enclosure (2) of Petitioner’s application) and
the service record page lid (“Administrative Remarks (1070)")
entries dated 27 January 2003 and 27 July 2006 (page ll1d at
issue at enclosure (3) of Petitioner's application).
2. The Board, consisting of Ms. Guill and Messrs. Grover and
McBride, reviewed allegations of error and injustice on
5 March 2009, 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 Departinent of the Navy.
b. In enclosure (2), the Headquarters Marine Corps Manpower
Information Operations, Manpower Management Information Systems
Division (MIO) has commented to the effect that Petitioner’s
request warrants partial relief, specifically, removing the
weight control entry for 10 February 1993 to 4 October 1996 and
the page 1lld entry dated 27 January 2003 and modifying the page
lid entry dated 27 July 2006 by deleting the words “on two
separate occasions.” MIO specifically recommended that the
deletion be accomplished by drawing a line through the words to
be removed. Enclosure (3) clarifies the basis for the
recommendation to remove the weight control entry for 10
February 1993 to 4 October 1996 and the page lid entry dated 27
January 2003.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board finds the existence of an error and injustice
warranting the partial relief recommended in enclosure (2). In
this regard, the Board fully concurs with enclosure (2), except
the recommendation that the modification of the page 11d entry
dated 27 July 2006 be effected by drawing a line through the
words to be removed. The Board considers this an inadequate
method of correction, as the words to be removed would still be
legible, which could prejudice Petitioner. Regarding the weight
control entry for 5 December 2000 to 25 April 2001, the Board
was unable to accept Petitioner’s allegation he was not placed
on weight control. Concerning the page 11d entry dated 27 June
2006, the Board was unable to accept his allegation that his
weight/body fat measurements were improperly conducted. In view
of the above, the Board directs the following limited corrective
action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
from MCTFS the weight control entry for 10 February 1993 to
4 October 1996.
b. That his record be corrected further by removing the
service record page 1lld (“Administrative Remarks (1070)”) entry
dated 27 January 2003. This is to be accomplished by
reconstructing the page 11d on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through it.
c. That his record be corrected further by modifying the
service record page lld (“Administrative Remarks (1070) ”) entry
dated 27 July 2006 by deleting the words “on two separate
occasions.” This is to be accomplished by reconstructing the
page lld on which the entry appears, or completely obliterating
the words to be deleted so they cannot be read, rather than
merely lining through them.
ad. 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.
e. 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.
f. 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.
Doni st J ARD
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.
Sa
Fer W. DEAN PFEIFFER
Rxecutive Director
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