DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket Ne. 4063-11
21 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: sceneries ae ee
“RECORD
Ref: (a) 10 U.S.C. 1552
Bnel : (1) DD Form 149 dtd 25 Mar il
(2) HQMC MIO memo dtd 1 Jun 11 w/enclosure
(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 or raising his “conduct” marks
for 3 April 2008 (occasion “RD” (reduction in grade)), 21 April
2008, 31 July 2008 and 31 January 2010, reflected in the Marine
Corps Total Force System (MCTPS), a copy of the pertinent
portion of which is at enclosure (2).
2. The Board, consisting of Messrs. Boyd, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on 21
July 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 (2), the
Headquarters Marine Corps (HQMC) office having cognizance over
the subject matter of Petitioner’s case has commented to the
effect that the request has merit and warrants partial relief,
specifically, changing the contested marks for 21 April and 31
July 2008, “3.8” and “3.7” (on a five-point scale),
respectively, to “N/A [not applicable],” as conduct marks below
“4.0” require supporting documentation, and there was no support
in the record for these marks. That office recommends that the
contested marks for 3 April 2008 (“2.9”) and 31 January 2010
("3.5") stand, as they are supported by a nonjudicial punishment
(NJP) awarded on 4 April 2008 (copy at Tab A) and a service
record page 11 counseling entry dated 9 November 2009 (copy at
Tab B), respectively. Petitioner contends that the NJP does not
support the mark for 3 April 2008, as he was reduced in grade.
He contends that the page 11 entry does not support the mark for
31 January 2010, as it refers to pending legal action that
resulted in acquittal.
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 error warranting the partial relief
HQOMC recommended. The Board finds the NUP supported the mark
for 3 April 2008, noting that the occasion for the mark was
Petitioner's reduction in grade. The Board finds the page 11
entry supported the mark for 31 January 2010, as Petitioner has
not established that the matters cited in this entry resulted in
acquittal. In view of the above the Board directs the following
limited corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by changing
his MCTFS data to show the “conduct” entry for 21 April 2008 as
“N/A” rather than “3.8.”
b. That his record be corrected further by changing his
MCTFS data to show the “conduct” entry for 31 July 2008 as nye
rather than “3.7.
c. 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.
e. 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.
SomAadRe §. lbrghir
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.
FowW. DEAN San
Executive Director
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