DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX -
WASHINGTON DC 20370-5100
BUG
Docket No: 4676-09
17 December 2009
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
Subj: a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: DD Form 149 dtd 1 Apr 09 o/abeaehment
HOMC MIO dtd 17 Apr o9
Memo for record dtd 30 Nov 09
Subject’s naval record
WW NB
ON ee
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 11 (“Administrative Remarks (1070)”)
counseling entry dated 28 December 2007 and his rebuttal dated
31 December 2007, copies of which are in enclosure (1) at Tab
Piss
2. The Board, consisting of Messrs. Garst, Leeman and Mann,
reviewed allegations of error and injustice on 10 December
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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. Petitioner contends the entry at issue is unjust, as he
was unjustly counseled for another Marine’s misuse of a
Government vehicle.
ce. The entry in question includes the following:
“Counseled this date concerning your violations of the UCMd
(Uniform Code of Military Justice] .” Petitioiner’s rebuttal
includes the following: ‘for violations of UCMJ.”
da. In enclosure (2) as amended by enclosure (3), the
Headquarters Marine Corps Manpower Information Operations,
Manpower Management Information Systems Division (MIO)
commented to the effect that Petitioner’s request has merit and
warrants partial relief, specifically, removal of all
references to violating the UCMJ, comprising the following:
“your violations of the UCMJ,” “This is a violation of Article
92 x 2 Failure to obey an order or Regulation, and” and “; do
not violate the UCMJ.” MIO recommended effecting these
corrections by use of the “’line out method.’”
CONCLUSION:
Upon review and consideration of all the evidence of record,
and in substantial concurrence with enclosure (2), as amended
by enclosure (3), the Board finds the existence of an error
warranting partial relief, specifically, modification of the
contested entry by removing “concerning your violations of the
ucMd,” “This is a violation of Article 92 x 2" and “; do not
violate the UCMJ.” The Board finds the word “concerning”
should be removed, as this makes the entry read properly and
the word “concerning” adds no necessary information. The Board
finds that “Failure to obey an order or Regulation, and” should
stand, as it clarifies the misconduct for which Petitioner was
counseled, and it does not expressly refer to charges or
@isciplinary action under the UCMJ. The Board also finds that
Petitioner’s rebuttal should be modified by removing “for
violations of UCMJ.” The Board finds the corrections should
not be made by the “’line out method,’” since this would leave
the material to be removed legible, which could prejudice
Petitioner. Finally, his unsupported statement does not
persuade the Board that he was wrongfully counseled for another
Marine’s misconduct. In view of the above, the Board directs
the following limited corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
the following from the service record page 11 (“Administrative
Remarks (1070)") entry dated 28 December 2007:
(1) concerning your violations of the UCMJ (line 2)
(2) This is a violation of Article 92 x 2 (lines 14 and
15)
(3) ; do not violate the UCMJ (line 21}
That his record be corrected further by removing the following
from his rebuttal dated 31 December 2007:
for violations of UCMI (line 2)
These corrections of the page 11 entry and rebuttal are to be
accomplished by completely obliterating the material to be
removed 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.
e¢. 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.
d. That the remainder of Petitioner’s request 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.
PUR) b farrin
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.
Fa_W, DEAN PFEIFFER
Executive Director
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