DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
' JSR
Docket No. 10328-09
‘5 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ssScq— Arges
REVIEW OF NAVAL. RECORD
Ref: (a) 10 U.S.C. 1552
Encl: _ (1) DD Form 149 dtd 28 Sep 09 w/attachments
(2) ‘HOMC MIO:-memo dtd'26 Oct 09
(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 service record page lla
(“Administrative Remarks (1070)”) entry dated 10 May 2004, a
copy of which is at Tab A.
2. The: Board, consisting of Ms. Mann and Messrs. Bowen and
McBride, reviewed Petitioner's allegations of error and
injustice on 5 November 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,
' £€inds 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 request has merit and warrants
Favorable action.
ec. The page lla on which the contested entry appears also
includes uncontested entries.
‘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 warranting the following
corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page lla (“Administrative Remarks (1070)”)
entry dated 10 May 2004. This is to be accomplished. by
_. reconstructing the page lia on which the entry appears, or | 7
- completely obliterating the entry so it cannot be read, vather ~~
‘than merely lining through it. -
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 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.
Sine db Cats,
ROBERT D. ZASALMAN . . 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.
Fez wl DEAN PFEIFFER
Executive Director
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