DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
“JSR J
Docket No. 12640-12
24 January 2013
From: Chairman, Board for Correction of Naval Records
To:! Secretary of the Navy.
Sub): (a= a
, REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Fnel: (21) DD Form 149 dtd 2.O0ct 12 w/attachments
(2} HOMC MMER/PERB memo dtd 10 bec 12
(3) HQMC MMSB e-mail dtd 17 Jan 13
(4) HQMC MIQ memo dtd 4 Jan 13
(5)
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 fitness report for 13 July
to 5 August 2010 (copy at Tab A), the Unit Punishment Book (UPB)
entry for the nonjudicial punishment of 5 August 2010 (copy at
Tab B), the service record page 11(b) (“Administrative Remarks
(1070) ") entry dated 5 August 2016 and Petitioner’s undated
rebuttal (copies at Tab C) and the page li(c) entry dated 5
August 2010 (copy at Tab D), Enclosure (2} shows that the
Headquarters Marine Corps (HOMC). Performance Evaluation Review
Board has directed remioving the contested fitness. report.
Enciosure (3) shows that HOMC has removed the contested UPB
entry.
2. The Board, consisting of Messrs. Clemmons, Gorenflo and
Midboe, reviewed Petitioner's allegations of error and injustice
on 24 January 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 ali 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. In correspondence attached as enciosure (4), the HQMC
office having cognizance over page 11 entries has commented to
the effect that Petitioner’s request regarding page 11 entries
has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (4), the Board
finds the existence of an injustice warranting the following
corrective action:
RECOMMENDATION :
-a. That Petitioner's naval record be corrected by removing
the service record page 11(b) (“Administrative Remarks (1070) ")
entry dated 5 August >010 and his undated rebuttal. This is to
be accomplished by physically removing the page 11(b) on which
the entry appears and the rebuttal, or completely obliterating
the entry and rebuttal so they cannot be read, rather than
merely lining through them.
b. That his record be corrected further by removing the
service record page li(c) entry dated 5 August 2010. This is to
be accomplished by physically removing the page 11(c) on which
the entry appears, or completely obliterating the entry so it
cannot be read, rather than merely lining through it.
e. 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.
d. 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 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.
Frew. DEAN PFEIFFER
Executive Director
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