DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
JSR
Docket No. 8597-09
14 January 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy :
REVIEW OF NAVAL RE RECONSIDERA
Ref: (a) 10 U.S.C. ee
Encl: DD Form 149 dtd 4 Jun 05 w/attachments
(1)
(2) BUG Docket No: 5060-06 ltr dtd 7 Sep 06 wfenel
£3) MCRC memo dtd 20 Jul 09
"(4) MCRC memo dtd 4 Jan 10
{5) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure {1) wath
this Board requesting, in effect, that the applicable naval
record be corrected by removing the request dated 14 September
2000 for his relief for good of the service (GOS) Erom
recruiting duty and all related documentation (copy at Tab A).
Enclosure (2) shows his prior case (docket number 5060-06)
requesting the same relief was denied on 7 September 2006.
2. The Board, consisting of Ms. Nappo and Messrs. Fales and
Sproul, reviewed Petitioner's allegations of error and injustice
on 14 January 2010, and pursuant: to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of recordin stained).
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 (3), the Marine
Corps Recruiting Command (MCRC) commented to the effect that the
medical data found in the GOS correspondence should be removed
from Petitioner’s naval record, as it contains Health Insurance
Portability and Accountability Act (HIPAA) information. In
reply to a request to specify what material. should be removed,
MCRC provided enclosure (4), which recommends that all the GOS
documentation be removed. ‘
c. As a result of Petitioner's cos relief from recruiting
duty, his recruiter MOS (military occupational specialty) 8411
was voided, and his SDA (special duty assignment) pay was
terminated. The GOS relief package on file in Petitioner's
record includes a Commandant of the Marine Corps (€MC) message
dated 3 Nowember 2000, Subject: Relief for GOs Cc [case of]
[Petitioner].
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board finds an error warranting partial relief, specifically,
complete removal of the enclosures to the request for removal of
all the GOS relief documentation except the CMC message.
Notwithstanding the recommendation, in enclosure {4}, to remove
all the GOS relief documentation, the Board finds his record
should document that he did have a Gos relief from recruiting
duty, and that it was as a result of his relief that his
recruiter MOS was voided and his SDA pay terminated. In view of.
the above, the Board directs the following limited corrective |
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the Commanding Officer (CO), Recruiting Station Des Moines
letter dated 14 September 2000, Subject: Relief for Good of
Service of [Petitioner] with enclosures and all related
documentation, except the CMC message dated 3 November 2000,
Subject: Relief for Gos c/o [Petitioner].
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.
c. 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 ina
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.
ROBERT D. ZSALMAN JONATHAN §. 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.
Rede.
-“2_W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2004 | 03925-04
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 the applicable naval record be corrected by removing therefrom the fitness reports for 1 January to 1 April 2002, 2 April to 22 June 2002, 23 June to31 December 2002, 1 January to 30 June 2003, and 1 July to26 August 2003. We do not, however, recommend that his voided MOS 8411 be reinstated and the recoupment of...
NAVY | BCNR | CY2001 | 06191-01
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 fitness report for 15 March to 14 August 2000, a copy of which is at enclosure (1). The Board, consisting of Messrs. Petitioner’s allegations of error and injustice on 15 August 2001, and pursuant to its regulations, determined that the corrective action indicated below should be...
NAVY | BCNR | CY2012 | 02280 12
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 service record page 11 (“Administrative Remarks (1070)") entry dated 30 March 2009, a copy of which is at Tab A. That his record be corrected further to restore his AMOS of 8411. c. That his record be corrected further to show his entitlement to SDA pay for 21 July 2010 to 13 June...
NAVY | BCNR | CY2010 | 07838-10
JAMS stated that the NUP “stemmed from [Petitioner’s] failure to report a civilian DUI arrest,” however, the UPB entry actually says he was punished “for failing to notify his command of his DUI conviction [emphasis added] .” JAM5 noted that “the requirement to report the conviction (rather than the arrest) is lawful.” d. Enclosure (4) explains that PERB directed removing the contested fitness report in light of enclosure (3). e. In enclosure (5), the Marine Corps Recruiting Command (MCRC)...
NAVY | BCNR | CY2002 | 05473-00
(6), the M arine Corps Recruiting Command ’s request to remove his page 11 entry should be MOS , and 2 In correspondence attached as enclosure (7), the HQMC Enlisted Assignment Branch (MI&A) has also commented to the effect that Petitioner ’s request to remove his page 11 entry should be approved, but his requests concerning his RFC should be denied. Point of contact is M ecommended that the Board equest for removal of the VMC 118(11), page 11 .entry dated Acting Head, Field Support...
NAVY | BCNR | CY2014 | NR5624 14
Pursuant to its regulations, the Board determined that the corrective action indicated below should be taken on the available evidence of record. His transfer fitness report from RS Harrisburg, for 1 January to 13 July 2013 (copy at enclosure (1)), was fully favorable, even though the reporting senior, the Commanding Officer (CO), RS Harrisburg, requested Petitioner’s RFC on 12 April 2013, and the reviewing officer, the CO, First Marine Corps District, favorably endorsed the request on 26...
NAVY | BCNR | CY2013 | NR2716 13
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 fitness report for 1 January to 20 February 2007 (copy at Tab A) and all documentation of his relief for cause (RFC) from duty as a canvassing recruiter (copy at Tab B). The Board, consisting of Messrs. Bey, Chapman and Green, reviewed Petitioner's allegations of error and...
NAVY | BCNR | CY2010 | 02819-10
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 | CY2001 | 04133-01
Copies of RFC documents appearing in his Official Military Personnel File (OMPF) are at Tab B. removal of the service record page 11 (“Administrative Remarks (1070)“) counseling entry dated 17 April 1996, a copy of which is at Tab C, as he says it resulted from the fitness report. He provides his rebuttal of 17 April 1996 to the page 11 entry, and he states that he does not know why it is not in his record. The Board for Correction of Naval Records disapprove request for removal of the...
NAVY | BCNR | CY2001 | 01263-01
That Petitioner’s naval record be corrected by removing the service record page 1 lb (“Administrative Remarks (1070)“) entry dated 23 February 2000. The Automated n Since your request to remove the Page 11 entry does not 3. fall under the purview of this Headquarters, your case will be forwarded to the Board for Correction of Naval Records (BCNR) for resolution 0 to that agency a lease direct further inquiries HEADQUARTERS UNITED STATES MARINE CORPS DEPARTMENT OF THE 3280 RUSSELL...