DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS '
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 2632-10
24 June 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
SULb> : “SRR rrr enarel enue ne OEE
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552,
Encl: (1) DD Form 149 dtd 29 Jan 10 w/attachments
and Subject’s e-mail dtd 22 Jun 10
(2} HOMC MIO memo dtd 16 Jun 10
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 modifying the Marine Corps Total Force
System (MCTFS) data to raise the “proficiency/conduct” marks of
1.9/1.5" for 31 July 2009 to at least %4.0/4.0." A copy of the
pertinent MCTFS entry is in enclosure (1). By the e-mail at
enclosure {1), Petitioner amended his application to clarify he
would be satisfied with removing the contested marks, if they
could not be raised as he had requested.
2. The Board, consisting of Mses. Countryman and Trucco and Mr.
Storz, reviewed Petitioner's allegations of error and injustice
on 24 June 2010, 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,
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 {2), the
Headquarters Marine Corps office having cognizance over the
subject matter of Petitioner’s case has commented to the effect
that the request has merit and warrants favorable action,
specifically, removing the contested entry and substituting “N/A
[not applicable] /N/A.”
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 and injustice warranting removal
of the contested entry and its replacement with “N/A/N/A.” The
Board is unable to find what marks Petitioner should have
received. In view of the above, the Board directs the following
limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
the MCTFS data to change the “proficiency/conduct” marks for 31
July 2009 from "1.9/1.5" to “N/A/N/A."
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.
ec. 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.
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 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.
Waa. S
W. DEAN P E
Executive tor
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