DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51060
JSR
Docket No. 05552-11
6 October 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
“REVIEW OF RECORD (RECONSIDERATION)
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 1 Aug 10 and other documents
from Subject’s previous case, docket no. 9075-10
Subject’s letter dtd 10 May 11 w/enclosures
HOMC JARS memo dtd 13 Jul 11
Subject’s ltr dtd 25 Sep 11 w/enclosures
Subject's naval record
In bB Ww ND
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed the written application
at enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected by removing the report of
misconduct dated 20 November 2008 and related documentation, a copy
of which is at Tab A. As shown in enclosure (1), the Board denied
this request on 9 December 2010. By enclosure (2), Petitioner
requested reconsideration in light of a new supporting statement,
unsworn, from the witness to the incident reported in the contested
documentation.
2. The Board, consisting of Ms. Guill and Messrs. Chapman and
Genteman, reviewed Petitioner's allegations of error and injustice
on 6 October 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 (3), the
Headquarters Marine Corps office having cognizance over the subject
matter addressed in Petitioner's application has commented to the
effect that the request has merit and warrants favorable action, if
Petitioner explains why the witness statement was not submitted
previously and if he provides additional basis, such as notarization,
to support a conclusion that the statement is authentic.
e¢. Inenclosure (4), Petitioner explained why the statement was
not submitted before, and he provided a notarized sworn copy.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosures (3) and (4), the
Board finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing the
report of misconduct dated 20 November 2008 and related documentation
(Official Military Personnel File, Commendatory Derogatory - Other,
images 2 through 11).
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.
ec. 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.
Svat of. bration
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.
a )
é
W. DEAN
Executive e
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