DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3649-09
11 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj Be as tect oe lipaliath Ca
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 20 Mar 09 w/fattachments
2) HOMC MIO dtd 15 May 09
(3) Subj’s naval record
1. Pursuant to the provisions of reference fa), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that her naval record be corrected by removing the
gervice record page 11 (“Administrative Remarks (1070)") entry
dated 2 August 2007, a copy of which is in enclosure (1) at Tab
A.
2. The Board, consisting of Messrs. Garst, Leeman and Mann,
reviewed allegations of error and injustice on 11 December
2009, and pursuant to its regulations, determined that 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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. The contested entry not only refers to a nonpunitive
letter of caution, whose mention in Petitioner’s record is
prohibited, but also states “Although the allegations were not
substantiated...”
c. In enclosure (2), the Headquarters Marine Corps
Manpower Information Operations, Manpower Management
Information Systems Division commented to the effect that
Petitioner's request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure {2} and paragraph 3.b
above, the Board finds the existence of an error and injustice
warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070) ")
entry dated 2 August 2007. 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 it.
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.
Prva. (Fated
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.
i fF ‘
FOr_W. DEAN PFEIFFER
Executive Director
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