DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR3056-13
naf5
19 September 2013
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
Subj: a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 18 Jan 13 w/attachments
(2) HOMC MIQ memo dtd 11 Jun 13 w/enclosure
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by removing the
service record page 11 (“Administrative Remarks (1070") entry
dated 14 November 2011 (copy at Tab A).
2. The Board, consisting of Ms. Wilcher and Messrs. Chapman and
Pfeiffer, reviewed Petitioner’s allegations of error and
injustice on 19 September 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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. The contested entry states Petitioner has been assigned
reenlistment eligibility code RE-30 (refused orders assigned
without sufficient obligated service remaining) because he would
not reenlist to complete the necessary tour length to execute
Pcs (permanent change of station) orders. He contends the entry
should be removed because he has since reenlisted and executed
PCS orders.
d. In enclosure (2), the Headquarters Marine Corps office
with cognizance over the subject matter of Petitioner’s case has
commented to the effect his request should be denied, as the
fact he has reenlisted and eventually executed orders is
irrelevant since the reenlistment “does not take away his
refusal to incur further obligated service at the time when
orders were originally assigned to him.”
CONCLUSION:
Upon review and consideration of all the evidence of record, and
notwithstanding enclosure (2), the Board finds an injustice
warranting the requested relief. In this connection, the Board
agrees with Petitioner that since he has executed the orders he
initially denied and he has reenlisted, the contested entry no
longer serves a legitimate purpose, but is merely unfairly
punitive. In view of the foregoing, the Board recommends the
following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entry dated 14 November 2011. This is to be accomplished by
physically removing the page 11 on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through it.
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 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. 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.
A rrtbher/ d, farntte
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
Lk
Reviewed and approved:
Effet (2
ROBERT L. WOODS
Assistani General Counsel
(Manoower and Reserve Affairs)
100(: Navy ‘*entagon, Rm 4D54F
Washington, DC 20850-100°
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