DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘7015. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR5845-13
22 November 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : ae . pein o cuuin
REVIEW OF NAVAL RECORD
Ref: {a} 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 23 May 13 w/attachment
(2) Capt M. Jd. B---, JAGC, USN ltr dtd 3 Jui 14
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 service record page 13 (“Administrative
Remarks”) entry dated 23 November 2010 (copy at Tab A).
The Board, consisting of Messrs. Genteman, Ivins and Sproul, reviewed
Petitioner's allegations of error and injustice on 17 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 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 ali
administrative remedies available under existing law and regulations
within the Department of the Navy.
6b. Inenclosure (2), the officer who issued the contested entry
commented to the effect that it should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), 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 the
service record page 13 (“Administrative Remarks”) entry dated
23 November 2010.
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, 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.
. Dwrralie/ f. Erin
ROBERT D. 4SALMAN 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.
Ke S. CoS
ROBERT D. ZSALMAN
Acting Executive Director
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