DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ,
JSR -
Docket No. 05761-09
13 August 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD —
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 18 May 09 w/attachments
(2) HOMC MIO memo dtd 6 Jul 09 w/enclosure
(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 27 duly 2005, “2.0"/"1.9" (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 “Proficiency” mark -
should be removed and replaced: with “N/A [not applicable], * but
the “Conduct” mark should stand.
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 the
following limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing |
from the MCTFS data the “Proficiency” mark for 27 July 2005,
“2.0, and replacing it with “N/A.”
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 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. —
Brurtyey/ J ote
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.
“eS ae
?
“OW DEAN PFEIFFER
Executive Director
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