DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 2819-10
1 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 12 Mar 10 w/attachments
(2) HOMC MMER/PERB memo dtd 7 May 09 and
copy of removed fitrept for 1 Jan - 23 May 07
(3) MCRC memo dtd 22 Jun 10
{4) 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 documentation of his relief for
cause (RFC) from recruiting duty. A copy of the only pertinent
document still in his Official Military Personnel File (OMPF) is
at Tab A. He also impliedly requested restoring his additional
- military occupational specialty (AMOS) of 8411 (recruiter),
which was voided as a result. of the RFC, and his special duty
assignment (SDA) pay, which was terminated on 29 June 2007 as a
result of the RFC. Finally, he impliedly requested that the
Marine Corps Total Force System (MCTFS) data pertaining to him
be corrected by removing the draw case code “AM” (relieved from
recruiter duty).
2. 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 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. At enclosure (2) are copies of the report of the
Headquarters Marine Corps Performance Evaluation Review Board
(PERB) directing removal of the adverse fitness report for 1
January to 23 May 2007 and the report itself. PERB directed
removing this report because it documented the nonjudicial
punishment (NUP) of 23 May 2007: that has been set aside by the
officer who awarded it.
c. In correspondence attached as enclosure (3), the Marine
Corps Recruiting Command 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,
-because the NJP on which the RFC was based has been set aside.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (3), the Board
finds the existence of an error and injustice warranting the
following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the Approve Active RELM (reenlistment/extension/lateral move)
document created on 12 December 2007, reflecting the approval of
Petitioner’s RFC (OMPF, Commendatory Derogatory - Other folder,
image 3).
b. That his record be corrected further to show his AMOS of
8411 was not voided.
c. That his record be corrected further to show that his
SDA pay was not terminated on 29 June 2007, but continued to his
transfer from Recruiting Station Houston, Texas on 21 November
2007.
d. That his record be corrected further by modifying the
MCTFS data to remove the draw case code “AM.”
e. 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.
f. 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.
Done Ran/ dd. (AP gra
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.
eo W. DEAN PFEIFFER
Executive Director
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