DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 6852-12
17 January 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAGEE’ R!
Ref: (a) 10 U.S.C. 1552
DD Forms 149 (two), each dtd 17 Jun 12
1
(2) HOMC MIQ memos dtd 18 Sep and 16 Nov 12
(3) Subject's naval record
Encl:
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 8 February 2005, the
page 11 entry dated 4/7/05 regarding violation of Article 128
(Uniform Code of Military Justice), and the page lla entry dated
20050807 to the effect that Petitioner is eligible but not ©
recommended for promotion to lance corporal for the May 2005
promotion period, copies of which are at Tabs A, B and C,
respectively.
2. The Board, consisting of Messrs: Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on 17
January 2013, 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 correspondence. attached. as enclosure (2), the
Headquarters Marine Corps office having cognizance over the
subject matter of Petitioner’s case has commented to the effect
that the request has merit and warrants partial relief,
specifically, completely removing the entry dated 4/7/05 and |
modifying the entry dated 20050407 by removing, from the first
gentence, “violation of article 128,” so the sentence will read
“T understand that I am eligible but not recommended for
promotion to LCpl [lance corporal] for the May 2005 promotion
period, because of your [sic] assaulting a Marine.”
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of 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 11i (“Administrative Remarks (1070) ")
entry dated 4/7/05 concerning violation of Article 128. 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 modifying the
page ila entry dated 20050407 by removing, from the first
sentence, “violation of article 128," so the sentence will read
“T understand that I am eligible but not recommended for
promotion to LCpl for the May 2005 promotion period, because of
your assaulting a Marine.”
ce. 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 in a
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(¢) 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.
ype. (Leb s
Powter e ey
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recordér
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
pehalf of the Secretary of the Navy.
Te SEO
Ee_W. DEAN PF FFER
Executive Director
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