DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 8. COURTHOUSE ROAD, SUITE 1o05
ARLINGTON, VA p2204-2490
JSR
Docket No. WR593-13
31 July 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}:
Ref: (a) Titie 10 U.s.C, 1552
Fnel: (1) DD Form 149 dtd 13 Dec 12 w/attachments
(2) HOMC MMSB/PERB memo dtd 23 Jan 14 and
HOMC e-mail dtd 1 May 14 w/attachment
(3) HOMC JAM2 memo dtd 28 Mar 13
(4) HOMC MIO memo dtd 4 Mar 14
(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 1 to 29%
April 2011 (copy at Tab A), removing the service record page 1i
(*Administrative Remarks (1070)") entries dated 1 December 2010
and 10 May 2011 (copies at Tab 3) and changing his reenlistment
code from RE-3C (Commandant of the Marine Corps authority
required for reenlistment} to RE~1A (recommended and eligible
for reenlistment) . Enclosure (2) shows that the Headquarters
Marine Corps (HOMC) Performance Evaluation Review Board (PERB)
has directed modifying the contested fitness report by removing
the entry *“SMCR” (Selected Marine Corps Reserve) from section A,
item 8.g (‘Reserve Component” ) ; removing from the sections F
(“Leadership”) and G ("Intellectual Wisdom’) justifications “and
CVC 23103.5 Guilty Plea of lesser included offense (DUT)
[driving under the influence)”; removing from section I
(reporting senior’s “Directed and additional Comments") Yand CVC
23103.5 Guilty plea of lesser included offense (DUI)"; and
modifying section K.4 (reviewing officer's comments) by removing
“since the DUI conviction” and in the next to last sentence,
removing “Except the pur," and capitalizing the letter “H" in
the word “He.”
>. The Board, consisting of Ms. Countryman and Messrs. George
and Midboe, reviewed Petitioner's allegations of error and
injustice on 31 July 2014, 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. In correspondence attached as enclosure (2), the HOMC
PERB commented to the effect that the contested fitness report,
modified as indicated in paragraph 1 above, should stand.
c. In enclosure (3), the HQMC Judge Advocate Division
commented to the effect that the contested fitness report,
modified as indicated in paragraph 1 above, should stand; that
the contested page 11 entries should not be removed, but that
the entry dated 10 May 2011 should be modified to show
Petitioner's promotion restriction was for six rather than 12
a. In enclosure (4), MIQ, the HOMC office with cognizance
over page 11 entries, has commented to the effect that the
contested entries should not be removed, but that the entry
dated 10 May 2011 should be modified to show Petitioner's
promotion restriction was for six rather than 12 months.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosures (2)
through (4), the Board finds the existence of an error
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
the first sentence of the service record page 11
(“Administrative Remarks (1070)") entry dated 10 May 2011,
appearing on the right side of the page, by changing “12” to
“six,” so that the sentence as corrected will read as follows:
“T understand that I am eligible but not recommended for
promotion to ssgt [staff sergeant] due to a Wet Reckless and
Reckless Driving conviction IAW [in accordance with} MCO [Marine
Corps Order] P1400.32 (par 1204.41), for a period of six months
as applicable, unless waived by appropriate authority.”
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.
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)) 4t 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.
Teer one
ROBERT D. ZSALMAN
Acting Executive Director
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