DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 12699-10
16 February 2011
From: Chairman, Board for Correction of Naval Records
Tox Secretary of the Navy
Se ened
REVIEW OF NAVAL REC
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 23 Nov 10 w/attachments
(2) HQMC MIO memo dtd 21 Jan 11 w/encl
(3) 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, from
the Marine Corps Total Force System (MCTFS), his assignment to
weight control from 7 January to 3 June 2000, a copy of which
is at Tab A. He also impliedly requested removing the service
record page 11 (“Administrative Remarks (1070)”) entry dated 15
February 2000, a copy of which is at Tab B.
2. The Board, consisting of Messrs. Bourgeois, J. Hicks and
Ivins, reviewed Petitioner's allegations of error and injustice
on 10 February 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 the Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. In correspondence at enclosure (2), the Headquarters
Marine Corps office with cognizance over the subject matter of
this case has commented to the effect that the request has
merit and warrants favorable action.
c. The page 11 on which the contested entry appears also
includes uncontested entries.
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, from MCTFS, the assignment to weight control from 7
January to 3 June 2000.
®. That his record be corrected further by removing
the service record page 11 (“Administrative Remarks (1070)")
entry dated 15 February 2000. This is to be accomplished by
reconstructing the page 11 on which the entry appears, or by
completely obliterating the entry so it cannot be read, rather
than merely lining through it.
a. 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 in a
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.
provethars, leaden
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.
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