DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Useret Ne, NPsbzd=13
21 August 2014
From: Chairman, Board for Correction of Naval Records
To Secretary of the Navy
Subj: aa - x _ ones re oo rp
"REVIEW OF NAVAL RECORD
Ref: {a} Title 10 U.S.C, 1552
Fncl: (1) DD Form 149 dtd 25 Mar 13 w/attachments
(2) Subject’s ltr dtd 24 Aug 13
w/enclosures (8)- (19)
(3) Subject’s removed fitrept for 1 Dec 09 =
30 Apr 10 .
(4) HOMC e-mail dtd 26 Aug 13
(5) HOMC MIQ memo dtd 18 Jul 13, JAM4 memo
dtd 26 Aug 13 and JAR3 memo dtd 8 Jan 14
} HOMC MIQ memo dtd 7 Apr 14
) BUMED memo dtd 6 Jun 14
} HOMC MIQ memo dtd 31 Jul 14
) 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 from the Marine Corps Total
Force System (MCTFS) data the Bo@y Composition Program (BCP)
assignment and removing from his Official Military Personnel
File the service record page 11 (“Administrative Remarks
(1070}") entries dated 26 February 2010 (copies at Tab A) and
the BCP Evaluation Form (NAVMC 11621} (copy at Tab B).
2. The Board, consisting of Messrs. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on 21
August 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, navai 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. Enclosure (2) is additional evidence Petitioner provided
in support of his application.
c. Enclosure (3) is Petitioner’s fitness report whose
removal was directed by the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board (PERB). Enclosure (4)
reflects the basis for the PERB action.
d. In correspondence at enclosure (5), the Judge Advocate
Division and MIQ, the HOMC offices with cognizance over the
subject matter of Petitioner’s case, have commented to the
effect that the contested BCP Evaluation Form should be removed,
but that the remainder of Petitioner’s request should be denied.
e. In enclosure (6), MIQ recommended that an advisory
opinion be cbtained from the Bureau of Medicine and Surgery
(BUMED) .
£. In enclosure (7), BUMED commented to the effect that
Petitioner's medical condition and resulting medication
contributed to his weight gain.
g. In enclosure (8), MIQ commented to the effect that in
light of enclosure (7), the contested BCP assignment and page 11
entries should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents. of enclosures (5) and
(8), the Board finds the existence of an error and injustice
warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by removing
from his MCTFS data his assignment to the BCP.
b. That his record be corrected further by removing the
service record page 11 (“Administrative Remarks (1070)")} entries
dated 26 February 2010. This is to be accomplished by
physically removing the page 11 on which the entries appear, or
completely obliterating the entries so they cannot be read,
rather than merely lining through them.
c. That his record be corrected further by removing the BCP
Evaluation Form (NAVMC 11621).
d. 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.
e. 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.
; a 4} ;
Aare Tn f, POV
KM
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.
(RS
ROBERT D. ZSALMAN
Acting Executive Director
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