DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. 11847-12
21 March 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj PRCT RIE
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 2 Nov 12 w/attachments
(2) HQMC MIQ memo dtd 4 Jan 13
(3) Subject's naval record
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 dated 27 October 2012
and his rebuttal of the same date, copies of which are at Tab A.
2. The Board, consisting of Ms. Zivnuska and Messrs. Genteman
and Marquez, reviewed Petitioner's allegations of error and
injustice on 21 March 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. Petitioner contends that the contested page 11
counseling entry is invalid, as it was issued by a unit to which
he was assigned on temporary additional duty (TAD), not his
permanent command.
c. 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 contested entry should stand, but that it should be
modified by removing “Violation of Article 92," £xom the £iret
sentence.
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 warranting partial relief,
specifically, modification of the contested entry by removing
“Violation of Article 92,” from the first sentence. The Board
finds that the unit to which Petitioner was assigned on TAD had
authority over him while he was assigned there, so it could
properly issue the contested counseling entry. In view of the
above, the Board directs the following limited corrective
action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by
modifying the service record page 11 (“Administrative Remarks
(1070)”) entry dated 27 October 2012 by removing the following
from the first sentence: “Violation of Article 92,"
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.
d. That the remainder of Petitioner's request be denied.
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.
enstKa! b. retete
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
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 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.
ROBERT D. ZSALMAN
Acting Executive Director
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