DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
BUG
Docket No: 2283-09
25 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: eo ae
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (L) DD Form 149 dtd 11 Mar 09 w/attachments
(2) HOMC MIO dtd 9 Apr 09 w/encls
(3) HOMC MMPR-2 memo dtd 1 May 09
(4) 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, in
effect, that his naval record be corrected by removing the
weight control entry for 24 January 2007 to 00000000; changing
the “Proficiency” /"Conduct” marks for 31 July 2007,
31 January 2008 and 31 July 2008; and removing the lined
through undated service record page 11 (“Administrative Remarks
(1070)")} entry and the page 11 entry dated 25 March 2007.
Copies of the contested matters are at Tab A to enclosure (1).
Finally, he requested remedial consideration for promotion to
sergeant.
2. The Board, consisting of Mses. Colbert and McCormick and
Mr. Vogt, reviewed allegations of error and injustice on
24 November 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. Except as indicated in paragraph 3.c below, 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)
Manpower Information Operations, Manpower Management
Information Systems Division (MIO) has commented to the effect
that Petitioner's request regarding the weight control entry,
“Proficiency” /"Conduct” marks and page 11 entries has merit and
warrants partial approval. Specifically, MIO recommended
removing the weight control entry, removing the contested
“Conduct” marks and replacing them with entries of “NA” (not
applicable), and removing the page 11 entries.
c. In enclosure (3), the HOMC Enlisted Promotion Section
has indicated that Petitioner’s request for remedial
consideration for promotion should be submitted to that office
from the Commander, Mobilization Command, Kansas City,
Missouri.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (2), the Board finds the
existence of an error and injustice warranting the following
limited corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
from the Marine Corps Total Force System (MCTFS) the weight
control entry from 24 January 2007 to 00000000.
b. That his record be corrected further by removing from
MCTFS the “Conduct” marks for 31 July 2007, 31 January 2008 and
31 July 2008 and replacing them with entries of “NA.”
ec. That his record be corrected further by removing the
undated lined through service record page 11 (“Administrative
Remarks (1070)") entry. This is to be accomplished by
physically removing the page 11 on which both this entry and
the contested entry dated 25 March 2007 appear, or completely
obliterating the entry so it cannot be read.
d. That his record be corrected further by removing the
page 11 entry dated 25 March 2007. This is to be accomplished
by physically removing the page 11 on which both this entry and
the contested undated lined through entry appear, or completely
obliterating the entry so it cannot be read, rather than merely
lining through it.
e. 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.
f. 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.
g. That Petitioner’s request to change “Proficiency” marks
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.
ROBERT DBD. 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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