DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR8&361-13
17 July 2024
From; Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj :
Ref: {a} Title 10 U.S.C. 1552
Encl: 1) DD Form 149 dtd 4 Feb 14 w/attachments
2) HOMC JAM memo dtd 9 May i4
3) HOMC MIQ memo dtd 10 Jun 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 the service record page 11
(“Administrative Remarks (1070)") entries dated 30 September
2013 with his rebuttal of the same date (neither of which is in
his Official Military Personnel File) and 10 October 2013 with
his rebuttal of the same date (copies at Tab A). He also
requested that the date of rank and effective date of his
promotion to sergeant be changed from 1 November 2013 to 1
October 2013.
2. 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, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts o£ 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.
bp. In correspondence attached as enclosures (2), (3) and
(4), the Headquarters Marine Corps offices with cognizance over
the subject matter of Petitioner’s case have commented to the
effect that the request has merit and warrants favorable action.
CONCLUSION :
Upon review and consideration of alli the evidence of record,
and especially in light of the contents of enclosures (2), (3)
and (4), 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 11 ("Administrative Remarks (1070)”)-
entry dated 10 October 2013 and his rebuttal of the same date.
This is to be accomplished by physically removing the page ii on
which the entry appears and the rebuttal, or completely
obliterating the entry and rebuttal so they cannot be read,
rather than merely lining through them.
b. That his record be corrected further by changing the
date of rank and effective date of his promotion to sergeant
from 1 November 2013 to 1 October 2013.
c. 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 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 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.
Tete. Att nnn
ROBERT D. Z4SALMAN
Acting Executive Director
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