DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 1535-09
8 Apr 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD ICO _ .
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CMC Memo 1040 MMEA dtd 8 Jan 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
to show the Petitioner is entitled to full separation pay and remove
the derogatory remarks from the MC message approving his discharge
from the Marine Corp.
2. The Board, consisting of Messrs. George, Pfeiffer, Zsalman,
reviewed Petitioner’s allegations of error and injustice on
6 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. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has commented to the effect that the request has merit and
warrants favorable action.
CONCLUSTON
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 injustice warranting the following corrective
action.
Docket No. 1535-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized payment of full separation pay when
he was discharged on 17 February 2008. (NOTE: Petitioner has already
received payment for one-half separation pay.)
b. The following text be omitted from the discharge message
text, “SNM is at service limitations” and “because SNM has failed to
demonstrate the high standards of leadership, professional competence,
and personal behavior required to maintain the prestige and quality
standards of the Marine Corps”. The text will be remove/obliterated
in such a way that it will be impossible read.
c. Any entries recorded in the Service Record Book of the above
text will also be removed/obliterated.
d. A copy of this Report of Proceedings will be filed in
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 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.
ROBERT D. ZSALMAN WILLIAM J. HESSY III
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.
8 April 2009 \ Wand
WwW. Ss PFET iN:
Executive Dd CxS
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