DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9950-10
30 September 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) title 10 0.8.8. 1552
Encl: (1) DD Form 149 dtd 27 Jan 10 w/attachment
(2) HOMC MMER/PERB memo dtd 26 Jul 10
(3) HOMC JAM1 memo dtd 21 May 10
(4) HOMC MIO memo dtd 23 Aug 10
(5) Subj’'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 2 January to 30 July 2008 (copy at Tab A).
As shown in enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board has directed removing this
report. Petitioner further requested removing the three
service record page 11 (“Administrative Remarks (L070) *)
counseling entries, each dated 20 June 2008, and his rebuttals,
each dated 24 June 2008. The entries concern an inappropriate
relationship, disobeying a lawful order or regulation by
storing sexually explicit material on a Government computer,
and disobeying a lawful order or regulation by misusing a
Government cellular telephone, respectively. Copies of the
page 11 entries and rebuttals are at Tab B.
2. The Board, consisting of Messrs. Geberth, McBride and
Pfeiffer, reviewed allegations of error and injustice on 30
September 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. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. In enclosures (3) and (4), the HOMC offices with
cognizance over Petitioner’s request to remove the page 11
entries have commented to the effect that this request has
merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosures (3) and (4), the Board
finds an error and injustice warranting the following
corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
the three service record page 11 (“Administrative Remarks
(1070)”) entries, each dated 20 June 2008, and his rebuttals,
each dated 24 June 2008. The entries concern an inappropriate
relationship, disobeying a lawful order or regulation by
storing sexually explicit material on a Government computer,
and disobeying a lawful order or regulation by misusing a
Government cellular telephone. This is to be accomplished by
physically removing the page 11’s on which the entries appear
and the rebuttals, or completely obliterating the entries and
rebuttals so they cannot be read, rather than merely lining
through them (contested material in Official Military Personnel
File at Service-Contract folder, images 49-54).
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.
Amatnmsed taken,
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Acting Recorder
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.
\Sa \
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W. DEAN PF
Executive Dine e
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