DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. 05015-11
15 September 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : SI eeeenerne
REVLEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 7 Jan 11 w/attachments
1)
2) HOMC MMER/PERB memo dtd 22 Apr 1
3) HOMC MIO memo dtd 8 Jul 11
4) 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 the fitness reports for 10 April to 31 October
2007 (copy at Tab A) and 1 November 2007 to 3 February 2008 (copy
at Tab B), the service record page 11(L) (“Administrative Remarks
(1070})") entry dated 29 October 2007 (copy at Tab C) and the service
record page 11(M) entry dated 11 January 2008 (copy at Tab D).
2. The Board, consisting of Mses. Guill and Siler and Mr. Silberman,
reviewed Petitioner's allegations of error and injustice on 15
September 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 Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board commented to the effect that
Petitioner’s request should be denied.
c. Inenclosure (3), the HQMC office having cognizance over page
11 entries has commented to the effect that the contested page 11(L)
entry dated 29 October 2007 should be removed, as it references
violations of the Uniform Code of Military Justice that should have
been the subject of disciplinary action, but that the page 11(M) entry
dated 11 January 2008 should stand.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (2) and (3), the
Board finds the existence of an error warranting the following
limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing the
service record page 11(L) entry dated 29 October 2007. This is to
be accomplished by physically removing the page 11(L) on which the
entry appears, or completely obliterating the entry so it cannot be
read, rather than merely lining through it.
b. That his record be corrected further by modifying as follows
the fitness report for 10 April to 31 October 2007, dated 12 May 2008
and = igned ill eirnenemeneemesietionn USMC:
(1) Section I (reporting senior’s “Directed and Additional
Comments”): Remove “a page 11 entry” and replace with
“counseling.”
(2) Addendum Page 1 (MRO (Marine reported on) statement):
Remove “a negative page 11” and replace with
“counseling.”
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. Tt 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.
Depa Pd: (Loe,
ROBERT D. ZSALMAN JONATHAN S&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.
W. DEAN PF
Executive r
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