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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 6951-12
31 October 2012
From: Chairman, Board for Correction of Naval Records
Tae Secretary of the Navy
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REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
DD Form 149 dtd 16 Feb 12 w/attachment
Encl: (1)
(2) HOQMC MMER/PERB ltr dtd 26 Jun 12
(3) HOMC MMER e-mail dtd 2 Aug L2
(4) HOMC MIQ memo dtd 27 Aug 12 w/enclosure
(5) 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 her naval record be corrected by removing the
ember 2010 to 31 May 2011 (copy at Tab
Marine Corps Total Force System
A) and removing, from the
25 August
(MCTFS), the weight control entry for 25 February to
2011 (copy at Tab B). As shown in enclosure (2), the
Headquarters Marine Corps (HOMC) Performance Evaluation Review
Board (PERB) has directed removing the contested report.
>. The Board, consisting of Messrs. Chapman, Midboe and
Silberman, reviewed Petitioner's allegations of error and
injustice on 25 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.
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. Enclosure (3) reflects the basis for the PERB action.
c. In enclosure (4), the HQMC office with cognizance over
weight control entries commented to the effect that the entry at
issue should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (4), the Board finds an error
and injustice warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
from the MCTFS data base the weight control entry for 25
February to 25 August 2011.
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
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.
5 fp
PVATRY Ge ‘ (epPanre
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
y set out in Section
5. Pursuant to the delegation of authorit
a for Correction of
6(e) of the revised Procedures of the Boar
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.
ae
ROBERT D.“~ZSALMAN
Acting Executive Director
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