DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 10575-10
31 March 2011
From: Chairman, Board for Correction of Naval Records
Tes Secretary of the Navy
, i TTR ca so ay
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 9 Apr 10 w/attachments
(2) HOMC MMER/PERB memo dtd 24 Mar 11
(3) HOMC MIO memo dtd 26 Oct 10 w/enclosure
(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 report for 1 January
to 31 December 2007 (copy at Tab A) and the service record page
11 (“Administrative Remarks (1070)"”) entries dated 14 and 15
February 2008 with Petitioner’s rebuttal dated 19 February 2008
(copies at Tab B). As indicated in enclosure (2), the
Headquarters Marine Corps (HQMC) Performance Evaluation Review
Board has directed removing the contested fitness report.
2. The Board, consisting of Mses. Aldrich and Trucco and Mr.
Boyd, reviewed Petitioner's allegations of error and injustice
on 31 March 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 correspondence attached as enclosure (3), the HOMC
office having cognizance over the subject matter of Petitioner's
request to remove the page 11 entries 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 the contents of enclosure (3), the Board
finds the existence of. an injustice warranting the following
corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070) ”)
entries dated 14 and 15 February 2008 and his rebuttal dated 19
February 2008. This is to be accomplished by physically
removing the page 11’s on which the entries appear and the
rebuttal, or completely obliterating the entries and rebuttal so
they cannot be read, rather than merely lining through them.
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.
Porame ¢- bret~
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.
),
W. DEAN PF
Executive D
ector
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