DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3203-10
15 July 2010
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
gaa
Ret: (a) Tatle 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 17 Mar 10 w/attachments
(2) HOMC JAM3 memo dtd 10 May 10
(3) Subj’s naval record
1. 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 his naval record be corrected by removing the
punitive letter of caution dated 6 December 2006, a copy of
which is at Tab A.
2; The Board, consisting of Messrs. Green, Rothlein and
Sproul, reviewed allegations of error and injustice on 15 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 which were available under existing law
and regulations within the Department of the Navy.
b. In enclosure (2), the Headquarters Marine Corps office
with cognizance over the subject matter of this case 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 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 punitive letter of caution dated 6 December 2006.
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.
Vana ud 2, (ArAty
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.
wor W. DEAN =
Executive Director
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