DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3933-09
12 July 2010
From: Chairman, Board for Correction of Naval Records
LG Secretary of the Navy
Subj : Re ae i eae Se i
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 20 Mar 09 w/attachments
(2) HQMC MMEA memo dtd 12 May 10
(3) HOMC MIO memo dtd 10 Jun 10
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
service record page 11A (“Administrative Remarks (1070)”) entry
dated 16 October 2008, reflecting assignment of a reenlistment
code of “RE-30 [refused orders assigned without sufficient
obligated service remaining].” A copy of this entry is in
enclosure (1) at Tab A.
2. The Board, consisting of Messrs. Gentemen, Pfeiffer and
Vogt, reviewed allegations of error and injustice on 9 July
2010, 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. 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 (HQMC)
Enlisted Assignment Branch advised that Petitioner’s “RE-30”
had been removed from the Marine Corps Total Force System.
c. In enclosure (3), the HQMC Manpower Information
Operations, Manpower Management Information Systems Division
has commented to the effect that Petitioner’s request to remove
the page 11A entry has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosures (2) and (3), the Board
finds an error and injustice warranting the following
corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
the service record page 11A (“Administrative Remarks (1070)”)
entry dated 16 October 2008. This is to be accomplished by
physically removing the page 11A on which the entry appears,
or completely obliterating the entry so it cannot be read,
rather than merely lining through it.
io 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.
Donate of lav Ftten
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.
— DEAN ma
Executive Director
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