DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 04553-10
16 July 2010
From: Chairman, Board for Correction of Naval Records
TO; Secretary of the Navy
Wa REVIEW
OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149
(2) CMC memo 1070 MIO, 24 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 his naval record be corrected by
the removal therefrom of correspondence related to his relief for
cause from recruiting duty in 2003.
2. The Board, consisting of Messy 9q—illiiizage” Aeemitteiies. 73 eee
reviewed Petitioner's allegations of error and injustice on 9 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. Although enclosure (1) was not filed in a timely manner, the
Board finds it to be in the interest of justice to waive the statute
of limitations and review the merits of Petitioner’s request for
correction of his naval record.
c. In correspondence attached as enclosure (2), the office having
cognizance over the subject-matter of the application recommends
that Petitioner’s request be granted.
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 injustice warranting the following corrective
action.
RECOMMENDATION :
a. That Petitioner's official military personnel file be
corrected by the removal therefrom of the correspondence which
recommended and/or directed his relief from recruiting duty for the
good of the service on or about 25 April 2003.
b. That no further relief be granted.
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.
f
f
ROBERT D. ZSALMAN ify . “EXNICIO
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
ung
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