DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 5028-12
27 August 2012
From: Chairman, Board for Correction of Naval Records
Toe Secretary of the Navy
subj opeetmennediiiiiistiania intial
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Forms 149 (two) dtd 24 Apr 12,
each w/attachment
(2) HOMC MIO memo dtd 30 May 12
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
service record page 11 (“Administrative Remarks (1070)") entry
dated 11 June 2008 and the page 11(a) entry dated 14 October
2009, copies of which are at enclosure (1).
2. The Board, consisting of Messrs. Dikeman, Green, and
McBride, reviewed Petitioner's allegations of error and
injustice on 23 August 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 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 office
with cognizance over the subject matter of this case has
commented to the effect that the request has merit and warrants
favorable action.
c. The page 11 on which the contested entry dated 11 June
2008 appears also includes an uncontested entry.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds an error
and injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by
removing the service record page 11 (“Administrative Remarks
(1070)”) entry dated 11 June 2008. This is to be accomplished
by reconstructing 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 the
service record page 11(a) entry dated 14 October 2009. This is
to be accomplished by removing the page 11(a) on which the entry
appears, or completely obliterating the entry so it cannot be
read, rather than merely lining through it.
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.
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.
Gore I. Qretr
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.
eere_W. DEAN P IFFER
Executive Director
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