DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG

Docket No: 12164-08
22 May 2009

From: Chairman, Board for Correction of Naval Records

 

 

To: Secretary of the Navy
Subj : one —— -
REVIEW OF NAVAL RECORD.
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 7 Oct 08 w/attachment
(2) HQMC MMER/PERB memo dtd 15 Dec 08
(3} HOMC MIO memo dtd 14 Jan 09 w/encl
and e-mail dtd 23 Mar 09
(4) Subject’s ltr dtd 10 Feb 09
(5) HOMC MIO memo dtd $ Apr 09 wfenel
(6) 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 fitness report for

1 November 2004 to 31 May 2005 (copy at Tab A) and modifying his
Marine Corps Total Force System (MCTFS) data by deleting the
weight control entries for 8 February 1997 to 22 March 2000 and
1 March to 25 July 2005 (copy at Tab B).. He also impliedly
requested removing the service record page 11 (“Administrative

- Remarks (1070)") entries dated 28 July 1998, 15 June 2000,

22 June 2000, 18 March 2005, 6 April 2005 and the undated entry
reflecting the recommendation against promotion to sergeant for
the January 2001 promotion period. Copies of the page 11’s on
which these entries appear are at. Tab C.

2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed allegations of error and injustice on

21 May 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 Department of the Navy.

b. In enclosure (2), the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board commented to the effect that
the contested fitness report should stand.

ec. In enclosure (3), the HQMC Manpower Information
Operations, Manpower Management Information Systems Division
(MIO) commented to the effect that the weight control entry for
8 February 1997 to 22 March 2000 should be deleted, but the
entry for 1 March to 25 July 2005 should stand.

dad. In enclosure (4), Petitioner asserts he was not out of
weight standards when placed on weight control for the period
1 March to 25 July 2005, and that he was erroneously measured by
a clerk who was not authorized to measure him. In his original
‘application, he says that according to one of the impliedly
‘contested service record page 11 entries, “...on 06[sic] 0406
[entry actually dated 6 April 2005], the command made an
entry/amendment concerning the MRO [Marine reported on]

assignment to the BCP [Body Composition Program]. It states it
was inconsistencies [sic] with the program and did not decide to
process it.” He objects that “Since the entry has been made

there has been no correction on the MRO'’s OMPF [Official
Military Personnel File] and MCTFS account.”

e. In enclosure (5), the HQMC MIO commented to the effect
the page 11 entries dated 28 July 1998, 15 June 2000,
22 June 2000 and 6 April 2005 should be removed, but the entry
-dated 18 March 2005 and the undated entry reflécting the
recommendation against promotion to sergeant for the January
2001 promotion’ period should stand.

f. The page 11 on which the impliedly contested page 11
entries dated 28 July 1998, 15 June 2000 and 22 June 2000 appear
also includes uncontested entries.
CONCLUSION:

Upon review and consideration of all the evidence of record, and
especially in light of enclosures (3) and (5), the Board finds
the existence of an error and injustice warranting partial
relief, specifically, removal of the weight control entry for

8 February 1997 to 22 March 2000 and the page 11 entries dated
28 July 1998, 15 June 2000, 22 June 2000 and 6 April 2005.

The Board substantially concurs with enclosure (2) in concluding
that the contested fitness report should stand, and enclosures
(3) and (5) in concluding that the weight control entry for
1.March to 25 July 2005, the page 11 entry dated 18 March 2005
and the undated page 11 entry reflecting the recommendation
against promotion to sergeant for the January 2001 promotion
period should stand as well. Specifically concerning the weight
control entry for 11 March to 25 July 2005, the Board was unable
to find Petitioner was not out of weight standards when he was
piaced on weight control for that period, and the Board was
likewise unable to find he was erroneously measured by a clerk

- who was not authorized to measure him.

In view of the above, the Board directs the following limited
corrective action:

RECOMMENDATION ;

a. That Petitioner’s naval record be corrected by modifying
the MCTFS data by deleting the weight control entry for
8 February 1997 to 22 March 2000.

b, That his record be corrected further by removing the
service record page 11 (“Administrative Remarks {1070)”) entries
dated 28 July 1998, 15 June 2000 and 22 June 2000. This is to
be accomplished by reconstructing the page 11 on which these
entries appear, or completely obliterating the entries so they
cannot be read, rather than merely lining through the entries.

c. That his record be corrected further by removing the
page 11 entry dated 6 April 2005. This is to be accomplished by
physically removing 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.
dad. 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.

£. 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.

PAP mm aad

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. :

x

W. DEAN PFEISB
Executive Di