DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 00611-11
7 April 2011
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
TTT cme:
REVIEW OF NAVAL RECORD
Ref: (a) 10 U6... LSS2
Encl: (1) DD Form 149 dtd 7 Jan 11 w/enclosures,
incl Subject’s ltr dtd 4 Feb 11 w/enclosures
and e-mail dtd 6 Apr ll
(2) HOMC JAM2 memo dtd 31 Mar 11
(3) 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 all documentation of his
competency review board (CRB) proceedings of 4 June 2003 (a copy
of the pertinent document on file in his Official Military
Personnel File is at Tab A). He also impliedly requested
setting aside his administrative reduction, as a result of the
CRB proceedings, from sergeant (pay grade E-5) to corporal (pay
grade E-4) effective 1 July 2003; and adjusting his lineal
precedence accordingly. He further requested retroactive
promotion to staff sergeant (pay grade E-6). This request was
not considered, as Petitioner may submit to Headquarters Marine
Corps (HQMC) Code MMPR-2 a request for remedial consideration
for promotion to staff sergeant on the basis of the corrective
action indicated below. Finally, he requested that his record
be corrected by entering an administrative filler to account for
his missing fitness reports in the grade of sergeant for 1 March
2003 through 29 February 2004.
2. The Board, consisting of Messrs. Green, Pfeiffer and Vogt,
reviewed Petitioner's allegations of error and injustice on 7
April 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 enclosure (2), the HQMC office with cognizance over
the subject matter of this case commented to the effect that
Petitioner's request to set aside his administrative reduction
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 (2), the Board
finds the existence of an injustice warranting the following
corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
all documentation of his CRB proceedings of 4 June 2003.
b. That his record be corrected further to show he was not
reduced from sergeant (pay grade E-5) to corporal (pay grade
E-4) effective 1 July 2003, but served continuously as a
sergeant after that date; and that his lineal precedence be
adjusted accordingly.
c. That his record be corrected further by entering an
administrative filler to account for his missing fitness reports
in the grade of sergeant for 1 March 2003 through 29 February
2004.
d. That any material or entries 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.
e. 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.
OPAPEA SL. heal
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.
RRM OR
Foe_w. DEAN PFEIFFER
Executive Director
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