DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8, COURTHOUSE ROAD, SUITE 106%
ARLINGTON, VA 22204-2490

 

JSR
Docket No. NR5809-13
24 July 2014

From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy

 
   

Subj: =
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: DD Form 149 dtd 28 May 13 w/attachments

(1)

(2) HOMC MIQ memo atd 11 Feb 14

(3) HOMC JAM memo dtd 8 May 14

(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 all service record page 11
(“Administrative Remarks (1070)") entries recommending against
her promotion to her current grade of lance corporal. The
pertinent documents sn her Official Military Personnel File are
a page 11 entry dated 20 January 2012 (February 2012 promotion
period) and her rebuttal dated 20 January 2012, entry dated 23
January 2012 (November 2011 promotion period) and undated
rebuttal, entry dated 23 January 2012 {December 2011 promotion
period) and undated rebuttal, entry dated 23 January 2012
(January 2012 promotion period and undated rebuttal, entry dated
23 March 2012 (April 2012 promotion period) and rebuttal dated
15 June 2012, entry dated 23 May 2012 (March 2012 promotion
period) and rebuttal dated 23 May 2012, entry dated 17 July 2012
(August 2011 promotion period) and undated rebuttal, entry dated
17 duly 2012 (September 2011 promotion period) and undated
rebuttal, and entry dated 1” July 2012 (October 2011 promotion
period) and undated rebuttal. Copies of the pertinent documents

are at Tab A.

2. The Board, consisting of Messrs. George, Hicks and Swarens,
reviewed Petitioner's allegations of error and injustice on 24
July 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. Petitioner contends that the entries at issue should be
removed because the recommendations against her promotion were
by reason of her failure to qualify on the rifle range, her
failure was the result of her pregnancy, and her command failed
to make reasonable accommodations on the yifle range in view of
her pregnancy.

c. In enclosure (2), MIQ, the Headquarters Marine Corps
(HOMC) office with cognizance over page 11 entries, has
commented to the effect that Petitioner’s request warrants only
partial relief, specifically, removing the three contested page
11 entries dated 23 January 2012, because she was not given a
chance to make a statement regarding these entries since the
promotion periods had already passed. MIO concluded that the
entries dated 20 January and 23 March 2012 were proper, noting
that the entries do not mention failure to qualify on the rifle
range or Petitioner’s pregnancy. MIQ did not address the
entries dated 23 May or 17 July 2012.

c. In enclosure (3), JAM, the HOMC Judge Advocate Division,
Military Justice Branch commented to the effect that all the
entries at issue should be removed, because the entries dated 23
January, 23 May and 17 July 2012 were improperly backdated, and
the entries dated 20 January and 23 March 2012 were issued after
Petitioner should have been promoted on 1 May 2011. JAM also
recommended correcting Petitioner’s record to show she was
promoted to lance corporal effective 1 May 2011, rather than 1
May 2012. She did not request this relief, and paragraph 2600
of Marine Corps Order P1400.32D, concerning remedial
consideration for promotion to private first class through
sergeant, provides that “All requests for remedial consideration
will be submitted by the command, to the CMC [Commandant of the
Marine Corps] (MMPR-2) for approval...No request for remedial
promotion should be submitted directly to the Board for
Correction of Naval Records (BCNR).”
CONCLUSION:

Upon review and consideration of all the evidence of record,
notwithstanding the recommendation of enclosure (2) to grant
only partial relief, and especially in light of enclosure (3),
the Board finds an error warranting removal of all the documents
pertaining to the recommendation against Petitioner's promotion
to lance corporal. The Board finds that if this recommendation
is approved, and if Petitioner desires backdating her promotion
to lance corporal on the basis of that: action, she may have her
command submit a request for remedial consideration to CMC
(MMPR-2). In view of the above, the Board recommends the
following corrective action:

RECOMMENDATION:

a. That Petitioner's naval record be corrected by removing
- the following:

(1) Service record page 11 (“Administrative Remarks

(1070)") entry dated 20 January 2012 (February 2012
promotion period) and rebuttal dated 20 January
2012.

(2) Page 11 entry dated 23 January 2012 (November 2011
promotion period) and undated rebuttal.

(3) Page 11 entry dated 23 January 2012 (December 2011
Promotion period) and undated rebuttal.

(4) Page 11 entry dated 23 January 2012 (January 2012
promotion period) and undated rebuttal.

(5) Page 11 entry dated 23 March 2012 (April 2012
promotion period) and rebuttal dated 15 June 2012.

(6) Page 11 entry dated 23 May 2012 (March 2012
promotion period) and rebuttal dated 23 May 2012.

(7) Page 11 entry dated 17 July 2012 (August 2011
promotion period) and undated rebuttal.

(8} Page 11 entry dated 17 July 2012 (September 2011
promotion period) and undated rebuttal.
(9) Page 11 entry dated 17 July 2012 {October 2011
promotion period) and undated rebuttal.

This is to be accomplished by physically removing the page 11's

on which the entries to be removed appear and the rebuttals, or

completely obliterating the entries and rebuttals so they cannot
be read, rather than merely lining through them.

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.

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 in a
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.

r we /
ROBERT D. 4SALMAN JONATHAN S. RUSKIN
Recorder . Acting Recorder

5. The foregoing report of the Board is submitted for your
review and action.

(RA Fe

ROBERT D.-“4SALMAN
Acting

 

Reviewed and approved:

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Assistant General Counsel

(Manpower and Reserve Affairs)

1000 Navy Pentagon, Rm 4D548

Washington, DC 20350-1000 4