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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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JSR .
Docket No. 4627-10
1 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : = ST ee ees : eo oe
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 28 Oct 09 w/attachments
(2) HOMC MMER/PERB memo dtd 22 Jan 10
(3) HOMC MIO memo dtd 27 Apr 10
(4) HOMC MMER e-mail dtd 4 May 10
(5) 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 the fitness report for 1 October
2007 to 2 May 2008, a copy of which is at Tab A. As indicated
in enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board (PERB) has directed removing
this report. Petitioner further requested removing the service
record page llc (“Administrative Remarks (1070)") entries dated
5 February and 4 March 2008. A copy of the page lle on which
these entries appear is at Tab B.
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 ail 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. The contested page lic entry dated 5 February 2008
counseled Petitioner for poor judgment as a staff
noncommissioned officer in front of junior Marines. Petitioner
feels this conduct did not warrant a page 11 entry. Both
contested entries appear on the same page llc.
cc. In correspondence attached as enclosure (3), the HQMC
office having cognizance over page 11 entries has commented to
the effect that the contested entry dated 4 March 2008 should be
removed, as the commander did not sign it as required, but that
the entry dated 5 February 2008 should stand.
d. Enclosure (4) reflects the basis for the PERB decision
to direct removing the contested fitness report.
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 warranting partial relief,
specifically, removal of the contested page lic entry dated 4
March 2008. The Board is unable to find the entry dated 5
February 2008 was unduly harsh for the conduct concerned. In
view of the above, the Board directs the following limited
corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the service record page lic ("Administrative Remarks (1070)”)
entry dated 4 March 2008. This is to be accomplished by
reconstructing the page 11c 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.
¢. 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 cof 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.
JDomatg7 b- (rab,
ROBERT D. 4SALMAN 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.
TR D Sed
VA W. DEAN PFEIFFER
Executive Director
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