DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 6982-12
5 November 2012
From: Chairman, Board for Correction of Naval Records
Tex Secretary of the Navy
Subj:
REVIEW OF NAVAL RE
Ref: (a) Title 16 U.8.€. 1882
Encl: (1) DD Form 149 dtd 5 Mar 12 w/attachments
(2) HOMC MMER/PERB memo dtd 26 Jun 12
(3) HQOMC JAM1 memo dtd 13 Apr 12
(4) HOMC MIO memo dtd 20 Jul 12
(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 his naval record be corrected by removing the
fitness report for 2 March to 31 December 2007 (copy at Tab A)
and the service record page 11(c) (“Administrative Remarks
(1070)”) entry dated 28 June 2007 with his rebuttal dated 6 July
2007 (copies at Tab B). As shown in enclosure (2), the
Headquarters Marine Corps (HOMC) Performance Evaluation Review
Board (PERB) has directed removing the contested fitness report.
2. The Board, consisting of Ms. Zivnuska and Messrs. Mann and
Zsalman, reviewed Petitioner’s allegations of error and
injustice on 1 November 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 (3), the HQMC Judge Advocate Division has
commented to the effect that Petitioner’s request to remove the
fitness report at issue has merit and warrants favorable action.
c. In enclosure (4), the HQMC Manpower Information Quality
Assurance, Manpower Management Information Systems Division has
commented to the effect that Petitioner’s request to remove the
page 11(c) entry and rebuttal also has merit and warrants
favorable action.
d. The page 11(c) on which the contested entry appears
also includes an uncontested entry.
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 the service record page 11(c) (“Administrative Remarks
(1070)") entry dated 28 June 2007 and his rebuttal dated 6 July
2007. This is to be accomplished by reconstructing the page
11(c) on which the entry appears and physically removing the
rebuttal, or completely obliterating the entry and rebuttal so
they cannot be read, rather than merely lining through them.
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
d complete record of the Board’s
foregoing is a true an
ve entitled matter.
proceedings in the abo
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Acting Recorder
Recorder
ity set out in Section
rocedures of the Board for Correction of
e 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.
5. Pursuant to the delegation of author
6te)} of the revised P
Naval Records (32 Cod
fv “ROBERT D. ZSALMAN
Acting Executive Director
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