DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 5355-12
13 July 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) L6G W585... Lao2
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Petitioner's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that his naval record be corrected by
removing two administrative remarks entries (page 11) dated 16
July 2007, from his official military personnel file (OMPF).
2. The Board, consisting of Mr. Sproul, Mr. Whalen, and Ms.
Zivnuska, reviewed Petitioner's allegations of error and
injustice on 10 July 2012 and, pursuant to its regulations, a
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. In
addition, the Board considered the advisory opinion furnished by
the Marine Corps Manpower Information Quality Assurance, Manpower
Management Information Systems Division (MIQ) dated 14 June 2012,
a copy of which is provided in enclosure (1).
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. Enclosure (1) was filed in a timely manner.
c. Petitioner’s OMPF reflects a page 11 which notes that he
received counselling on 16 July 2007 regarding an appropriate
relationship with a married woman and was advised of his
nonrecommendation for promotion to the rank of corporal because
of his lack of leadership. However, the page 11 was signed by
Petitioner’s first sergeant instead of his commanding officer,
who was required to do so.
d. An advisory opinion received from the Marine Corps
regarding Petitioner’s request to remove the page 11 recommended
relief. In this regard, the advisory opinion states, in part,
that the page 11 entries do not meet the elements of a proper
entry per Marine Corps Orders because it is not signed by his
commanding officer, as required.
CONCLUSION:
Upon review and consideration of all the evidence or record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board substantially concurs with the
comments contained in the advisory opinion and concludes that
Since the page 11, as it appears in the record, is incorrectly
and improperly signed and/or insufficient as written and filed,
it and all references to it should be removed from the record.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
and/or totally obliterating the page 11 administrative remarks
dated 16 July 2007, as well as all of its references.
b. That any and all materials 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 materials 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 in a 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.
ROBERT D. ZSALMAN BRIAN J. GEORGE
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 Regulation, 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 Wesco.
W. DEAN eh
Executive Di or
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