DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
a NAVY ANNEX
WASHINGTON DC 20376-5100 .
JSR |
‘Docket No. 5278-09
13 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub4 - i ets
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C, 1552
Encl: (1) DD Form 149 dtd 5 May 09
(2) HOQMC MIO memo dtd 4 Jun 09 w/enclosures
(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 by removing the “Proficiency” /*Conduct”
Marks assigned for 31 January and 31 July 2008, “3.2"/"3.2" and
“3.7°/"4.3," respectively (copy of pertinent data from the
Marine Corps Total Force System (MCTFS) is in enclosure (2)).
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner's allegations of error and
injustice on 13 August 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
Headquarters Marine Corps office having cognizance over the
subject matter addressed in Petitioner's application has —
commented to the effect that the contested marks for 31 January
2008 should be removed, but those for 31 July 2008 should stand.
This advisory opinion noted that “Proficiency” marks below “3.0”
and “Conduct” marks below “4.0” required justification, but the
contested “Conduct” mark of “3.2 for 31 January 2008 lacked
justification. This opinion specifically recommended that the
marks to be removed be replaced with “NA [not applicable]”/”"NA."
CONCLUSION:
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 error and injustice warranting removal
of the contested marks for 31 January 2008. In this regard, the
Board recognizes that the “Proficiency” mark of "3.2" is above
“3.0” and, therefore, did not require justification; however,
the Board finds the assignment of the mark of %3.2" in “Conduct”
without the requisite justification calls into question the
fairness and accuracy of the corresponding mark in
“Proficiency.” The Board further concurs with enclosure (2) in
concluding the marks for 31 July 2008 should stand. In view of
the above, the Board directs the following limited corrective
action: ,
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
from the MCTFS data the “Proficiency”/"Conduct” marks for 31
January 2008, “3.2"/"3.2", and replacing them with “NA"/"NA.*”
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.
ec. 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 madé 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.
GevtDlf$ , (LrrAt
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(é6))
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.
es SE
Foo_W. DEAN PFEIFFER
Executive Director
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