DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 2280-12
3 October 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD
Ref: (a) 20 U.S.C, L552
Encl: (1) DD Forms 149 (2) each dtd 11 Feb 12
w/attachments
(2) Subject’s e-mail dtd 23 Aug 12 and
24 Aug 12 w/attachment
(3) HOQMC JAM-2 memo dtd 29 Mar 12
(4) HOMC MIQ memo dtd 12 Apr 12
(5) MCRC memo dtd 23 May 12
(6) Subject’s ltr dtd 2 Oct 12
(7) Copies of Subject’s removed fitrepts for
23 Apr-31 Dec 10 and 1 Jan-10 Jul 1h
HOMC MMER e-mail dtd 5 Mar 12
HOMC JAM memo dtd 29 Aug 12
) MCRC memo dtd 21 Sep 12
) Dir, IPAC ltr dtd 30 Aug 12 w/lst end
from MCRC dtd 11 Sep 12
(12) Subject's naval record
Fr to ©
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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 service record page 11
(“Administrative Remarks (1070)") entry dated 30 March 2009, a
copy of which is at Tab A. He further requested setting aside
his relief for cause (RFC) from recruiting duty, requested by
letter of 9 August 2010 (copy in enclosure (1)), removing
documentation of the RFC from the Total Force Retention System
(TFRS), and awarding him special duty assignment (SDA) pay for
21 July 2010 to 13 June 2011. Finally, he impliedly requested
restoring his 8411 (recruiter) additional military occupational
specialty (AMOS) and removing, from his Marine Corps Total Force
System (MCTFS) data, draw case code “AO” (relieved for cause
from special duty). Enclosure (2) shows that the “AO” draw case
code has been removed from Petitioner’s MCTFS data.
2. The Board, consisting of Messrs. Gorenflo, Grover and
Midboe, reviewed Petitioner's allegations of error and injustice
on 3 October 2012, 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 enclosures (3), (4) and (5), the Headquarters Marine
Corps (HQMC) and Marine Corps Recruiting Command (MCRC) offices
with cognizance over the subject matter of Petitioner’s request
to remove the page 11 entry have commented to the effect that
this request should be denied. Enclosure (6) is Petitioner’s
reply, to the effect that he did not deserve the entry.
c. Ags shown in enclosure (1), the HQMC Performance
Evaluation Review Board (PERB) has directed removing
Petitioner's fitness reports for 23 April to 31 December 2010
and 1 January to 10 July 2011. Copies of these reports are at
enclosure (7). Enclosure (8) provides the basis for the PERB
action. Petitioner cites the PERB action to support his request
regarding his RFC.
d. In enclosures (9) and (10), the HQMC and MCRC offices
with cognizance over the subject matter of Petitioner’s request
regarding his RFC have commented to the effect that this request
has merit and warrants favorable action.
e. In enclosure (11), MCRC recommends approving
Petitioner’s request to remove documentation of his RFC from the
TFRS.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (8), (9) and (10), the Board
finds an injustice warranting partial relief, specifically, that
which Petitioner requested regarding the RFC. The Board concurs
with enclosures (3), (4), (5) in finding that the contested page
11 entry should stand. In view of the above, the Board directs
the following limited corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to reflect
that he was not relieved for cause from recruiting duty.
b. That his record be corrected further to restore his AMOS
of 8411.
c. That his record be corrected further to show his
entitlement to SDA pay for 21 July 2010 to 13 June 2011.
d. That his TFRS data be corrected by removing all
documentation of his RFC.
e. 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.
f. 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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
g. 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.
Porrglfinl od. [tat POW
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
uthority set out in Section
5. Pursuant to the delegation of a
he Board for Correction of
6(e) of the revised Procedures of t
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
pehalf of the Secretary of the Navy.
FO. W. DEAN P IFFER
Executive Director
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