DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 700-09
2 April 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub): oy epee ne co
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Oct 08 w/attachments
(2) HOMC MMER/PERB memo dtd 8 Jan 09
(3) HOMC MMER e-mail dtd 10 Feb 09
(4) HOMC MIO memo dtd 19 Mar 09
(5) 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 the fitness report for 1 to 18
May 2007, a copy of which is at Tab A. As indicated in
enclosure (2), the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB) has directed removing this
fitness report. Petitioner further requested removing the
service record page 1lb (“Administrative Remarks (1070)”) entry
dated 23 May 2007, a copy of which is at Tab B.
2. The Board, consisting of Ms. Colbert and Messrs. Storz and
Tew, reviewed Petitioner's allegations of error and injustice on
2 April 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. Enclosure (3) reflects the basis for the PERB decision
to grant Petitioner's request to remove the contested fitness
report.
c. In correspondence attached as enclosure (4), the HOMC
office having cognizance over the subject matter of Petitioner’s
request to remove the service record page llb entry has
commented to the effect that this request has merit and warrants
favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (4), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the service record page ilb (“Administrative Remarks (1070)”)
entry dated 23 May 2007. This is to be accomplished by
physically removing the page 11b on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through the entry.
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. 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.
Ao in f. ## AY
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.
“eg ASS Astin
Fw. DEAN PPRIFFER
Executive Director
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