DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No. 9479-10
8 November 2010
From: Chairman, Board for Correction of Naval Records
TS: Secretary of the Navy
subj: es.
REVIEW OF NAVAL RECORD;
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 31 Aug 10
(2) HOMC MIO memo dtd 19 Oct 10
(3) 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 service record page 11 (a)
(“Administrative Remarks (1070)"”) counseling entry dated 4 August
2006, a copy cf which is at Tab A.
2. The Board, consisting of Ms. White-Olson and Messrs. Chapman and
Ivins, reviewed Petitioner's allegations of error and injustice on
4 November 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. In enclosure (2), the Headquarters Marine Corps office with
cognizance over the subject matter of Petitioner’s case has commented
to the effect that the request has merit and warrants favorable
action.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (2), the Board finds an
error warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks , LOO) * )
entry dated 4 August 2006. 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 or material 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 ina
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.
DPmarpe/ Lt. la LPO
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, Lt
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.
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