DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 6749-10
11 April 2011
: Chairman, Board for Correction of Naval Records (BCNR)
To? Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) Tile 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 9 Feb 10 w/attachments
(2) HOMC MMER/PERB ltr dtd 5 Nov 10
(3) MMER e-mail dtd 30 Mar 11
(4) HOMC MIO memo dtd 14 Jul 10
(5) Subject’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
fitness report for 13 December 2007 to 12 December 2008 (copy
at Tab A) and the service record page 11 (“Administrative
Remarks (1070)”) entry dated 12 December 2008 (copy at Tab B).
Fnclosure (2) shows the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board (PERB) has directed
removing the contested fitness report.
2. The Board, consisting of Messrs. Green, Pfeiffer and Vogt,
reviewed Petitioner’s allegations of error and injustice on 7
April 2011, 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. Enclosure (1) was filed in a timely manner.
c. Enclosure (3) explains the basis for the PERB action to
remove the fitness report at issue, which includes a
determination that Petitioner had provided “convincing
argument” indicating the command had confused him with another
Marine who committed the violations reflected in both the
fitness report and the contested counseling entry.
d. In enclosure (4), the HOMC office with cognizance over
the subject matter of Petitioner’s “request to. removg the page
11 entry has commented to the effect that this request should
be denied, as the entry meets the elements of a proper page 11
entry. The information in enclosure (3) was not provided until
after the advisory opinion at enclosure (4) had been submitted.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding enclosure (4), and especially in light of the
information at enclosure (3), the Board finds an injustice
warranting removal of the page 11 entry. In view of the above,
the Board recommends the following corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entry dated 12 December 2008. This is to be accomplished by
physically removing the page 11 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 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. 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.
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
W. DEAN PFEI
Reviewed and approved:
att [bb— 4)pefi
ROBERT L. WOODS
Assistant General Counse'
(Manoower and Reserve Affe
1000 Navy Pentagon, Rr. =."
Washington, DC 20350-7100:
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