DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JSR
Docket No. 8954-09
10 December 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: <8 ee
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 6 Aug 09 w/attachments
(2) HOMC MIO memo dtd 24 Nov 09 w/enclosure
(3) Subject's naval recora
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 service record page il
(“Administrative Remarks (1070)”) entries dated 17 January 2008
{two, concerning the January and February 2008 sergeant
promotion periods) and 29 February 2008 (concerning the March
2008 sergeant promotion period) with his undated rebuttal. The
contested entries dated 17 January 2008, copies of which are in
enclosure (1), do not appear in Petitioner's Official Military
Personnel File, and they have been removed from his field
service record. A cOpy of the contested entry dated 29 February
2008, with Petitioner's undated rebuttal, is at Tab A.
2. The Board, consisting of Messrs. Garst, Leeman and Mann,
reviewed Petitioner's allegations of error and injustice on 10
December 2009, and pursuant to its regulations, determined that
the corrective action indicated below should be taken on che
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
reguiations 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 request has merit and warrants
Favorable action.
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 injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the service record page 11 (*Administrative Remarks (1070)")
entry dated 29 February 2008 and his undated rebuttal. This is
to be accomplished by physically removing the page 11 on which
the entry appears and the rebuttal, or completely obliterating
the entry and rebuttal so they cannot be read, rather than
merely lining through them.
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.
co. 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.
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.
ot ‘
Sarton 6 fF
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.
TI pean EAS: at
Foen_W. DEAN PFEIFFER
Fxeecutive Director
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