DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 3944-12
4 September 2012
From: Chairman, Board for Correction of Naval Records
To%* Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 Us8S. Lo52
Encl: (1) DD Form 149 dtd 10 Feb 12 w/attachments
(2) HOMC MMER/PERB memo dtd 6 Apr 12
(3) HOMC MIQ memo dtd 3 Aug 12
(4) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by removing the
fitness report for 1 January to 31 December 2010 (copy at Tab
A), the service record page 11 (‘Administrative Remarks (1070) ”)
entry dated 11 February 2011 (copy in enclosure (1)) and the
Marine Corps Total Force System (MCTFS) entries dated 11
February and 22 August 2011, concerning his assignment to the
weight control program (copies in enclosure eser
2. The Board, consisting of Ms. White-Olson and Messrs. Gattis
and Silberman, reviewed Petitioner’s allegations of error and
injustice on 30 August 2012, and pursuant to its regulations,
determined that the limited 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,
a. Before applying to the Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. In enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board has commented to the effect
that the contested fitness report should stand.
c. In enclosure (3), the HQMC office with cognizance over
page 11 and MCTFS weight control entries has commented to the
effect that the contested page 11 entry and weight control
entries should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (2) and (3), the Board finds
an error and injustice warranting the following limited
corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by
removing the service record page 11 (“Administrative Remarks
(1070)") entry dated 11 February 9011. ‘This is to be
accomplished by physically removing the page 11 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 removing from
his MCTFS data the entries dated 11 February and 22 August 2011,
concerning his assignment to the weight control program.
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 ina
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.
Oats bo [PP
JONATHAN S. RUSKIN
ROBERT D. ZSALMAN
Acting Recorder
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 (é) )
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.
Rye > i
Ca_w. DEAN PFEIFFER
Executive Director
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