DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 13191-10
4 March 2011
From: Chairman, Board for Correction of Naval Records
To Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 22 Nov 10 w/attachments
(2) HOMC MIO memo dtd 24 Jan 11 and
memo for record dtd 28 Feb 11
(3) Subject's ltr dtd 14 Feb 11
(4) 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 (“Administrative Remarks (1070)") entry
dated 20 May 2010 and his rebuttal dated 24 May 2010, copies of
which are at Tab A.
2. The Board, consisting of Messrs. Dixit, McBride and Vogt,
reviewed Petitioner’s allegations of error and injustice on 3
March 2011, and pursuant to its regulations, determined that
the limited 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 enclosure (2), the Headquarters Marine Corps office
with cognizance over the subject matter of this case has
commented to the effect it has merit and warrants partial
relief, specifically, modification of the contested entry and
rebuttal by removing all reference to Petitioner’s counseling
for allegedly inappropriate adjustment of travel itinerary.
ec. In enclosure (3), Petitioner insisted that the entire
entry should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of enclosure (2), the Board finds an
injustice warranting the following limited corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by
modifying as follows the service record page 11
(“Administrative Remarks (1070)") entry dated 20 May 2010 and
his rebuttal dated 24 May 2010:
(1) From the entry, delete the following:
Additionally, you were counseled this date
concerning the following deficiencies
Specifically, your inappropriate adjustment
of official travel itinerary arrangements
Per your TAD [Temporary Additional Duty]
checklist, you verified by signature that
you understood that any adjustments to travel
itinerary arrangements would be required to
be approved by the Authorizing Official (AO)
While on TAD, you adjusted your official
travel itinerary arrangements without said
approval
(2) From the rebuttal, delete the following:
(a) First paragraph: Delete “It was also for
making changes to my travel arrangements without
approval of the Authorizing Official (AO) .”
(b) Delete the entire second paragraph,
which reads as follows:
Changing my travel arrangements without
AO approval is a false accusation My
travel plans were approved before I
departed Iwakuni on 01 May 2010 MSgt A---
was the AO and knew of my plan I was told
2
by the SATO [Scheduled Airlines Traffic
Office] agent, and the AO that I would
be issued tickets for the duty station
to TAD site and return, but if I chose
to take the leave I spoke of, I had to
make changes on my own and pay the
differences and any additional fees That
is exactly what I did Once I returned on
approx 19 May, 2010, I completed my claim
with the assistance of Ms T--- I explained
to her all the details and did not claim
any of the differences I paid for my
tickets, and I even told her of a refund
which was received to put on my claim as a
refund All unused tickets were returned
as part of my claim LtCol K--- (AOPS
[Assistant Operations] Officer) was
notified of these facts when he asked me
about this in his office on the afternoon
of the 20° He said he would talk to MSgt
A--- and Ms T--- who both informed him that
nothing was wrong with what I did and they
were aware of it
This is to be accomplished by completely obliterating the above
quoted language 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.
d. 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.
Drvatho A Saco
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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