DEPARTMENT OF THE NAVY
BOARD FOR GORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-57006
JSR .
Docket No. 6893-10
16 June 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: i.
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Apr 10 w/attachments,
incl Subject’s ltrs dtd 9 and 12 Jul 10,
each w/enclosures
(2) HOMC MMER/PERB memo dtd 18 Apr 11
HQMC MIO memos dtd 9 Sep 10 and 22 Apr 11
(4) 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 reports for 5 April
to 31 December 2006 (denied on 20 March 2008, docket number
1029-08), 1 January to 31 December 2007, 1 January to 26 May
2008, 27 May to 30 June 2008, 1 July to 26 September 2008, 27
September to 31 December 2008, 1 January to 8 May 2009 and 9 May
to 31 December 2009, copies of which are at Tabs A through H,
respectively. Enclosure (2) shows that the Headquarters Marine
Corps (HOMC) Performance Evaluation Review Board (PERB) has
directed removing all contested reports, except those for 1
January to 31 December 2007 and 1 January to 26 May 2008.
Petitioner further requested removing the service record page 11
(“Administrative Remarks (1070)") entries and the unit diary
entry relating to his assignment to the Body Composition
Program. Copies of the pertinent page 11 entries are at Tab I.
2. The Board, consisting of Messrs. Dixit, Silberman and Vogt,
reviewed Petitioner's allegations of error and injustice on 16
June 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 available under existing law and
regulations within the Department of the Navy.
b. In enclosure (2), the HOMC PERB commented to the effect
that thesexemaining contestedmig tness reports, for 1 January to
31 December 2007 and 1 January to 26 May 2008, should stand.
ec. In enclosure (3), the HQMC office having cognizance over
the subject matter of page 11 and weight control entries has
commented to the effect that Petitioner’s request has merit and
warrants favorable action. That office specifically recommended
removing the page 11 entries dated 15 June, 31 August, 16
October and 21 December 2009 and 29 July and 27 September 2010,
as well as the Marine Corps Total Force System (MCTFS) weight
control entry dated 3 June 2009. .
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3),
the Board finds the existence of an error and injustice
warranting the following limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)")
entries dated 15 June, 31 August, 16 October and 21 December
2009 and 29 July and 27 September 2010. This is to be
accomplished by physically removing the page 11's on which the
entries appear, or completely obliterating the entries so they
cannot be read, rather than merely lining through them.
b. That his record be corrected further by deleting from
the MCTFS data the weight control entry dated 3 June 2009.
c. 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,
d. 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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
e. That the remainder of 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. .
Dorr aTPar f , boot”
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.
Sek 3
RaW. DEAN PFEIFFER
Executive Director
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