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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 5140-13
9 October 2013
From: Chairman, Board for Correction of Naval Records
Ta: Secretary of the Navy
REV 1
EW NAVAL RECORD OF -<éilialglaiiGcaesae
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval record/cD
(4) Advisory opinion (AO) from HQMC Manpower Information
Quality Assurance, Manpower Information Systems
Division (MIQ) dated 18SEP13
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps, filed enclosure (1) with this Board
requesting that his record be corrected by removing derogatory
material, specifically, an administrative remarks (page 11) entry
dated 2 July 2012 which incorrectly reflects that he was in an
unauthorized absence (UA) status from 25 May to 29 June 2012.
Presumably, this request includes, but is not limited to, any
adverse fitness reports which refer to the period of UA.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and
Whalen, reviewed Petitioner's allegations of error and injustice
on 8 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. In addition, the
Board considered the AO provided by the Headquarters Marine Corps
MIG, a copy of which is attached as enclosure (4).
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 (1) was filed in a timely manner.
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c. Petitioner’s record contains documentation that reflects
that on 5 and 6 February 2012 and again during the period from 25
May to 29 June 2012 he was in a leave status.
d. Petitioner’s record also contains an administrative
remarks entry (page 11) dated 2 July 2012 which reflects, in
part, that he received counselling for failure to produce
verification of travel and as a result he was placed in a UA
status for the period from 25 May to 29 June 2012. In his
rebuttal to this counselling, he has provided leave status
verification which is contrary to the UA status reflected in
Ehe page 11, entry.
e. In the AO from MIQ (enclosure (4)), it was recommended
that the administrative remarks entry be removed from the record
because the Marine Corps Total Force System (MCTFS) and his
Official Military Personnel File (OMPF) both reflect that he was
never in a UA or deserter status.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AO, the Board finds the existence of
an error and injustice warranting corrective action. In this
regard, the Board concludes that the page 11 was incorrectly
written and filed and should be removed from the record.
The Board further concludes that the Petitioner's MCTFS should be
corrected in accordance with the recommendation reflected in
paragraph 4 of the AO.
In view of the above, the Board directs the following corrective
action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the administrative remarks (page 11) entry dated 2 July 2012.
b. That Petitioner’s MCTFS record be corrected, in accordance
with paragraph 4 of the AO to read as follows: 20120207 ATT TAD
0801 RUC 11303 MCC SMG TAD EXCESS; 20120507 FR TAD 0800 RUC
IB 0 3
c. That any and all 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.
d. 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 in a 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.
cases lagen
ROBERT D. ASALMAN BRIAN J. GEORGE
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 Regulation, 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.
()
W. DEAN R
Executive tor
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