DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
BUG
Docket No: 7383-09
23 February 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: oe
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Enel: DD Form 149 dtd 7 Jun 09 w/attachment
HOMC MIO memo dtd 3 Aug 09 w/encl
HOMC MMPR-2 memo dtd 12 Jan 10
Subj’'s naval record
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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 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). He further requested removing the service
record page 11 (“Administrative Remarks (1070)") entry dated 21
August 2008, a copy of which is in enclosure (1) at Tab A.
Finally, he requested remedial consideration for promotion to
corporal (pay grade E-4).
2. ‘The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed allegations of error and injustice on 19
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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy, except with respect to his request for
remedial consideration for promotion.
b. In enclosure (2), the Manpower Information Operations,
Manpower Management Information Systems Division, the
Headquarters Marine Corps (HOMC) office with cognizance over
the subject matter of Petitioner’s request to remove the weight
control and page 11 entries, has commented to the effect that
this request has merit and warrants relief.
c. In enclosure (3), the Enlisted Promotion Section (MMPR-
2), the HOMC office with cognizance over the subject matter of
Petitioner’s request for remedial consideration for promotion,
had advised he should submit this request to MMPR-2 via his
command. 5;
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (2), the Board finds an
error and injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by
modifying his MCTFS data as follows: remove the weight control
entry dated 14 August 2008.
b. That his record be corrected further by removing the
service record page 11 (‘Administrative Remarks (1070)"”)} entry
dated 21 August 2008. This is to be accomplished by physically
removing the page 11 on which the entry appears or completely
obliterating the entry so it cannot be read, rather than merely
lining through it.
ec. 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
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
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.
svraztan €: (lrazl en ~
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.
\ Neus
W. DEAN PFE
Executive D or
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