DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE tool
ARLINGTON, VA 22204-2490
JSR
Docket No. NR4526-13
17 April 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: SSGT
_ REVIEW OF NAVAL RECORD
Ref: {a} Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Nov 12 w/attachments
(2) HOMC MMSB/PERB memo dtd 31 Mar 14
(3) HOMC MIO memo dtd 22 Jul 13
(4) 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 April
to 31 December 2011 (copy at Tab A), the Marine Corps Total
Force System (MCTFS) entry reflecting his assignment to the Body
Composition Program (BCP) from 4 August 2011 to 1 March 2012,
and the service record page 11 counseling entry he received “due
to this injustice.” Enclosure (2) shows that the Headquarters
Marine Corps (HOMC) Performance Evaluation Review Board has
directed removing the contested fitness report. The page 11
entry at issue does not appear in Petitioner's Official Military
Personnel File.
2. The Board, consisting of Messrs. Boyd, Genteman and Spain,
reviewed Petitioner's allegations of error and injustice on 17
April 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 enciosure (3), the HOQMC
office with cognizance over the subject matter of Petitioner's
request to remove the BCP entry from MCTFS has commented to the
effect that this request 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 (3), the
Board finds the existence of an injustice warranting the
following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
from MCTFS the entry reflecting his assignment to the BCP from 4
August 2011 to 1 March 2012. -
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.
¢, 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.
TRA ioe
ROBERT D, ZSALMAN
Acting Executive Director
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