DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 3941-11
22 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub] a oo ee
REVLEW OF NAVAL RECORD
Ret # (a) Title 10 U.S.c. 1552
Encl: ) DD Form.149 dtd 22 Apr 10 w/attachments
}) HOMC MIO memo dtd 6 Jul 11 w/encl
} HOMC MMER/PERB memo dtd 29 Mar 11
)
Subject’s naval record
PWN
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 15 November 2003 to 31 March 2004 (copy at
Tab A), the service record page 11 (“Administrative Remarks
(1070)”) entry dated 15 June 2005 (copy at Tab B) and the
Marine Corps Total Force System (MCTFS) data reflecting
assignment to weight control from 8 December 2003 to 8 June
2004 (copy at. enclosure (2)).
2. The Board, consisting of Messrs. W. Hicks, Spooner and
Swarens, reviewed Petitioner’s allegations of error and
injustice on 18 August 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 (HOMC)
office with cognizance over Petitioner's request to remove the
page 11 entry and the MCTFS weight control data has commented
to the effect that the page 11 entry should be removed, but the
MCTFS data should stand.
c. In enclosure (3), the HOMC Performance Evaluation
Review Board has commented to the effect that the contested
fitness report should stand.
d. The page 11 on which the contested entry appears also
inclutles uncontested entries.
CONCLUSION :
Upon review and consideration of all the evidence of record,
and especially in light of enclosures (2) and (3), the Board
finds an error and injustice warranting the following limited
corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by
removing the service record page 11 (“Administrative Remarks
(1070)”) entry dated 15 June 2005. This is to be accomplished
by reconstructing the page 11 on which the entry appears, OF
completely obliterating the entry 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 in a
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.
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.
DQoery
Executive Direc
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