DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 8119-12
15 October 2012
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF PRR RE AERIS,
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Betitiener, &
member of the Marine Corps, filed enclosure (1) with this Board
requesting that his record be corrected by removing derogatory
material regarding, in part, child neglect and domestic assault,
which is reflected on an administrative remarks entry (page 11)
dated 17 November 2001 in his official military personnel record
(OMPF) .
2. The Board, consisting of Messrs. Dixit, Pfeiffer, and Whalen,
reviewed Petitioner's allegations of error and injustice on 2
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. In addition, the
Board considered the advisory opinion (AO) provided by
Headquarters Marine Corps Manpower Information Quality Assurance,
Manpower Management Information Systems Division (MIQ) dated 12
September 2012, a copy of which is attached to enclosure (2)
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 ina timely manner.
c. Petitioner’s record contains an adverse administrative
remarks entry (page 11) dated 17 November 2011 which reflects, in
part, substantiated child neglect due to exposing children to the
hazards of a domestic assault in which his spouse was determined
to have met the criteria for spousal abuse. However, the entry
reflects documentation that does not pertain to him.
d. In the enclosed AO from MIO, it was recommended that
Petitioner’s record be corrected since the information is a
result of spousal abuse wherein he is the ‘victim’ of the
domestic event, and the entry itself does not conform with the
requirements for proper documentation of a page 11 entry. As
such, the adverse administrative remarks entry should be totally
expunged from the record.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AO, the Board finds the existence of
regard, the Board concludes that the adverse administrative
remarks (page 11) entry should be totally expunged from the
record.
In view of the above, the Board directs the following corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the administrative remarks (page 11) entry dated 17 November
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.
ZSALMAN BRIAN J. GEORGE
ROBERT D.
Acting Recorder
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, Gection 723.6 (e))
and having assured compliance with its provisions, 1t 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.
Fa peo. Ce
W. DEAN P IFFER
Executive Director
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