Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 05761-09
Original file (05761-09.pdf) Auto-classification: Approved
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

Similar Decisions

  • NAVY | BCNR | CY2009 | 06547-09

    Original file (06547-09.pdf) Auto-classification: Approved

    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 assigning proficiency/conduct (*PRO”/”CON”) marks for 31 July 2007 and raising or removing the marks for 31 January and 14 July 2008. That office specifically recommended replacing the marks to be removed with “not applicable” (“NA”) and accomplishing a “delete as erroneous” unit...

  • NAVY | BCNR | CY2009 | 05278-09

    Original file (05278-09.pdf) Auto-classification: Approved

    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)). The Board, consisting of Messrs. W. Hicks, Spooner and Swarens,...

  • NAVY | BCNR | CY2010 | 02632-10

    Original file (02632-10.pdf) Auto-classification: Approved

    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 modifying the Marine Corps Total Force System (MCTFS) data to raise the “proficiency/conduct” marks of 1.9/1.5" for 31 July 2009 to at least %4.0/4.0." By the e-mail at enclosure {1), Petitioner amended his application to clarify he would be satisfied with removing the contested marks, if...

  • NAVY | BCNR | CY2009 | 02283-09

    Original file (02283-09.pdf) Auto-classification: Approved

    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 weight control entry for 24 January 2007 to 00000000; changing the “Proficiency” /"Conduct” marks for 31 July 2007, 31 January 2008 and 31 July 2008; and removing the lined through undated service record page 11 (“Administrative Remarks (1070)")} entry and the page 11...

  • NAVY | BCNR | CY2011 | 04063-11

    Original file (04063-11.pdf) Auto-classification: Approved

    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 or raising his “conduct” marks for 3 April 2008 (occasion “RD” (reduction in grade)), 21 April 2008, 31 July 2008 and 31 January 2010, reflected in the Marine Corps Total Force System (MCTPS), a copy of the pertinent portion of which is at enclosure (2). The Board, consisting of...

  • NAVY | BCNR | CY2009 | 07383-09

    Original file (07383-09.pdf) Auto-classification: Approved

    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 modifying his data in the Marine Corps Total Force System (MCTFS) by removing the weight control entry dated 14 August 2008, a copy of which is at enclosure (2). The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds...

  • NAVY | BCNR | CY2009 | 06805-09

    Original file (06805-09.pdf) Auto-classification: Approved

    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 ' proficiency/conduct (“Ppro” /"CON”) marks of “1,5"/"1.5" dated 3 July 2007, a copy of which is at enclosure (2). The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Petitioner exhausted...

  • NAVY | BCNR | CY2013 | NR3524 13

    Original file (NR3524 13.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Hicks, Spooner and Swarens, reviewed Petitioner's allegations of error and injustice on 21 August 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. g. In enclosure (8), MIQ commented to the effect that in light of enclosure (7), the contested BCP assignment and page 11 entries should be removed. of enclosures (5) and (8), the Board finds the existence of an error...

  • NAVY | BCNR | CY2010 | 02819-10

    Original file (02819-10.pdf) Auto-classification: Approved

    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 documentation of his relief for cause (RFC) from recruiting duty. The Board, consisting of Messrs. Grover, Ivins and McBride, reviewed Petitioner's allegations of error and injustice on 1 July 2010, and pursuant to its regulations, determined that the corrective action indicated below...

  • NAVY | BCNR | CY2005 | 07701-05

    Original file (07701-05.doc) Auto-classification: Approved

    In correspondence attached as enclosure (2), as amended by the memorandum for the record at enclosure (3), the HQMC Manpower Information Operations, Manpower Management Information Systems Division has commented to the effect that Petitioner’s request has merit and warrants favorable action. Corporal ‘s application concerning his request to correct his assigned duty proficiency and conduct markings of 3.5/3.0 assigned on 20021007, 1.0/1.0 assigned on 20030506, and 4.5/2.9 assigned on...