DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3524-10
23 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj
Ref: (a} Title 10 U.S.C. 1552
Encl: {1) DD Form 149 dtd 2 Mar 10 w/attachments
(2) HOMC MIO memo dtd 18 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
service record page lib (“Administrative Remarks (1070)") entry
dated 9 April 1998, a copy of which is at Tab A.
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed allegations of error and injustice on 22 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. 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 page 11 entries commented to the effect
that the contested page 11b entry should be removed.
c. The page 11b 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 enclosure (2), the Board finds an
error and injustice warranting the following corrective action:
RECOMMENDATION ;
a. That Petitioner’s naval record be corrected by removing
the service record page 1llb (“Administrative Remarks (1070)”)
entry dated 9 April 1998. This is to be accomplished by
reconstructing the page 11b on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
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.
e. 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. .
Dwurth fF, fArotpon
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.
Executive oO
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