DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JSR
Docket No. NR2716-13
10 October 2013
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Sub): -
REVIEW OF NAVAL RECORD
Ret: (a) 10 U.8s€. 1552
Encl: (1) DD Form 149 dtd 13 Sep 12 w/attachments
(2) HOMC MMER/PERB memo dtd 19 Mar 13
(3) HQMC MMER e-mail dtd 1 May 13
(4) MCRC memo dtd 25 Sep 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 1 January
to 20 February 2007 (copy at Tab A) and all documentation of his
relief for cause (RFC) from duty as a canvassing recruiter (copy
at Tab B). Enclosure (2) shows that the Headquarters Marine
Corps Performance Evaluation Review Board (PERB) has directed
removing the contested fitness report.
2. The Board, consisting of Messrs. Bey, Chapman and Green,
reviewed Petitioner's allegations of error and injustice on 10
October 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 was assigned to Recruiting Station New Jersey
from 18 June 2004 to 20 February 2007. But for his RFC, he
would have had a 36-month tour as a canvassing recruiter. On 26
January 2007, the Commanding General, Marine Corps Recruit
Depot/Eastern Recruiting Region, Parris Island approved his RFC
from duty as a canvassing recruiter and removal of his 8411
(recruiter) additional MOS (military occupational specialty).
On 9 January 2007, his special duty assignment (SDA) pay was
terminated.
c. Enclosure (3) reflects the basis for the PERB decision
to direct removing the fitness report at issue.
d. In enclosure (4), the Marine Corps Recruiting Command
has commented to the effect that Petitioner's request to remove
his RFC 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
all documentation of his RFC from duty as a canvassing
recruiter, approved on 26 January 2007.
b. That his data in the Marine Corps Total Force System
(MCTFS) and the Total Force Retention System (TFRS) be corrected
accordingly.
c. That his record be corrected further to show he served
continuously as a canvassing recruiter from 18 June 2004 to 17
June 2007.
d. That his record be corrected further to show his SDA pay
was not terminated on 9 January 2007, but remained in effect
until 17 June 2007.
e. That his record be corrected further to show his 8411
additional MOS was not removed.
f. That any material or entries relating to the Board's
recommendation be corrected, removed or completely expunged from
SS eee
Petitioner's record and that no such entries or material he
added to the record in the future.
g. 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.
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.
TR BD, FA
Gey W. DEAN PFEIFFER
Executive Director
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