DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DO 20370-5100
HD:hd
Docket Wo. 04951-11
15 duly 2011
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: eee
REVIEW OF NAVAL RECORD ~
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 18 Apr 11 w/attachments
(2) PERS-913 ltr dtd 14 Jun il w/enclosures
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 administrative
separation processing for unsatisfactory participation (medical
noncompliance).
2. The Board, consisting of Ms. Nappo and Messrs. Chapman and
Grover, reviewed Petitioner's allegations of error and injustice on
14 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 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 Navy Personnel Command office having
cognizance over the subject matter of Petitioner's case has commented
to the effect that request 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 administrative separation processing for
unsatisfactory participation (medical noncompliance)
(Adverse/Privileged Case File - Enlisted digital document 13749892),
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.
4. 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.
Some W. DEAN PFEIFFER
Executive Director
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