DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 4467-12
18 October 2012
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
RENN mm eg
REVIEW OF NAVAL RECORD
Ref: (a) Title 16 u.s.c. 1552
Fncl: (1) DD Form 149 dtd 2 Jun 11 w/attachments
(2) HOQMC MMER/PERB memo dtd 20 Apr 12
(3) HQMC MMER e-mail dtd 3 May 12
(4) HQMC MMER/RE 1tr dtd 13 Jun 11
(5) MCRC memo dtd 22 Mar 12
(6) MCRC memo dtd 6 Sep 12
(7) 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 October 2008 to 24 July 2009 (copy at Tab
A) and documentation of the termination of his Extended Active
Duty (EAD) Recruiter Program (copies at Tab B). As shown in
enclosure (2), the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB) has directed removing the
contested fitness report.
2. The Board, consisting of Messrs. Spain, Storz and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 17
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.
finds as follows:
a. Before applying to the Board, Petitioner exhausted all
administrative remedies which were available under existing law
b. Enclosure (3) reflects the basis for the PERB action.
c. Enclosure (4) shows that HOMC has changed Petitioner's
reentry code from RE-3C (directed by the Commandant of the
Marine Corps) to RE-1A (recommended for reenlistment).
d. In enclosure (5), the Marine Corps Recruiting Command
(MCRC) has commented to the effect that Petitioner’s reentry
code was erroneously assigned.
e. In enclosure (6), MCRC commented to the effect that the
contested documentation of the termination of Petitioner’s EAD
Recruiter Program should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (6), the Board finds an
injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by
removing all documentation of the termination of his EAD
Recruiter Program.
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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
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
and that the
present at the Board's review and deliberations,
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
ROBERT D. ZSALMAN
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.
ROBERT D. ZSALMAN
Acting Executive Director
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