DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 07425-12
29 November 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD inetiaa Nemes aameesttaNR
Ref: fay 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) HOMC MFC-2 memo dtd 4 Sep 12
(4) HOMC MIQ memo dtd 16 Nov 12
(5) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, an enlisted member of the
Marine Corps, filed enclosure (1) with this Board requesting, in
effect, that her record be corrected by removing three
Administrative Remarks (NAMVC 118) page 11 entries she received
on 28 February, 17 May, and 14 June 2007.
2. The Board, consisting of Mr. Lacrois, Mr. Rothlein, and Mr.
Vogt, reviewed Petitioner's allegations of error and injustice
on 28 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 this Board, Petitioner did not exhaust
all administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was not filed in a timely manner.
c. Petitioner entered the Marine Corps on 7 February 2005.
She served honorably until 28 February 2007, when she received
‘counseling regarding an allegation of spousal abuse. However,
due to a communication break-down within her chain of command,
she was a victim in the incident. Per enclosures (3) and (4),
Headquarters Marine Corps notes that she used every means
available to inform her chain of command of the situation, and
therefore they recommend that the page 11’s be removed from her
Service Record Book.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosures (3) and (4), the Board
concludes that Petitioner's request warrants favorable action,
by removing the Administrative Remarks page 11 entries dated 28
February, 17 May, and 14 June 2007 from her 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
her Administrative Remarks page 11 entries dated 28 February, 17
May, and 14 June 2012 from her record.
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 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. aoe
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.
BRIAN J. GEORGE
By direction
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