DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 7352-13
16 June. 2014
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the. Navy
Subj: REVIEW NAVAL RECORD OF ap
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} HOMC Manpower Information Quality Assurance, Manpower
Information Systems Division (MIQ) memo dated 29MAY14
i. Pursuant to the provisions of reference (a), Petitioner, an
enlisted 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 14 February 2012 which reflects his
psychological fitness for duty.
2. The Board, consisting of Mr. Bey, Mr. Hedrick, and Ms.
Wilcher, reviewed Petitioner's allegations of error and injustice
on 10 June 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, reguiations,- and policies. In addition, the
Board considered the. advisory opinion (AO) provided by the HOQMC
MIQ, 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 oS
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
‘b. Ericlosure (1) was filed in-a timely manner:
_.¢, Petitioner's record contains a page’ 11 entry dated 12
February 2012: which reflects, in part, that: he ‘was evaluated
regarding his psychological fitness for duty. ,
d. In the AO frem HOMC MIQ (enclosure (4)), it was
recommended that the administrative ‘remarks entry be removed from
all records, (i.e., the Marine Corps Total: Force System (MCTFS),
Official Military Personnel File (OMPF), and Electronic Service
Record (ESR)) because as written, the subject matter is not
authorized to be filed in the record as counselling. As such,
this entry subject matter is authorized to be documented
elsewhere in the record, specifically, the medical record, and
therefore should be removed from his OMPF and/or ESR.
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 his record, to
include the OMPF and ESR. In view of the foregoing, 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 12 February
2012.
b. 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.
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.
._ ROBERT D. ZSALMAN | BRIAN J. aeeet
Recorder Acting Recorder
5S. 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.
TTR pte Q, ke
ROBERT D. 4SALMAN
Acting Executive Director
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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 -