DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 6547-09
12 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 6 Jun 09
(2) HQMC MIO memo dtd 10 Sep 09 w/encl
(3) Subj’s naval record
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 assigning
proficiency/conduct (*PRO”/”CON”) marks for 31 July 2007 and
raising or removing the marks for 31 January and 14 July 2008.
‘A copy of his “PRO” /"CON” record in the Marine Corps Total
Force System (MCTFS) is at enclosure (2).
2. The Board, consisting of Mses. LeBlanc and Trucco and Mr.
Pfeiffer, reviewed allegations of error and injustice on 4
February 2010, 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. Before applying to this Board, 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 office
with cognizance over the subject matter of Petitioner’s case
commented to the effect the request warranted partial relief,
specifically, removal of the “CON” marks of “2.0” 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 diary entry for
those marks.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light 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
modifying his MCTFS data as follows: remove the “CON” marks of
“2.0” dated 31 January and 14 July 2008 and replace each with
vw NA . fie
b. That a “delete as erroneous” unit diary entry be
accomplished on the basis of this correction.
cc. 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.
d. 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
_@onfidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
e. 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.
Boratpen £, Arby
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.
\nd Dar eT.
W. DEAN PFENWF
Executive Dil
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