Search Decisions

Decision Text

NAVY | BCNR | CY2013 | NR8361 13
Original file (NR8361 13.pdf) Auto-classification: Approved
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

Similar Decisions

  • NAVY | BCNR | CY2014 | NR5935 14

    Original file (NR5935 14.pdf) Auto-classification: Approved

    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 ll ("Administrative Remarks (1070)") entry dated 5 March 2013 and. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an error and...

  • NAVY | BCNR | CY2012 | 12640 12

    Original file (12640 12.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Clemmons, Gorenflo and Midboe, reviewed Petitioner's allegations of error and injustice on 24 January 2013, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner's naval record be corrected by removing the service record page 11(b) (“Administrative Remarks (1070) ") entry dated 5 August >010 and his undated rebuttal. d. That any material directed to be...

  • NAVY | BCNR | CY2013 | NR3743-13

    Original file (NR3743-13.pdf) Auto-classification: Approved

    Finally, by implication, he also requested removing the page 11 entry dated 3 August 2011. The Board, consisting of Ms. Lapinski and Messrs. Gorenflo and Hicks, reviewed Petitioner's allegations of error and injustice on 13 March 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. That Petitioner's naval record be corrected by removing the service record page 11(b) (“Administrative Remarks...

  • NAVY | BCNR | CY2014 | NR4745 14

    Original file (NR4745 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O! c. Enclosure (2), the report of the HOMC PERB in Petitioner's case, shows that the PERB directed removing the contested fitness report for 1 January to 27 April 2008, but commented to the effect that the five remaining reports at issue should stand. In enclosure (5), Petitioner provided new evidence in support of his new request to remove the page 11 entries dated 11 June 2010 and 12 May 2011. g. In enclosures (6) and (7),...

  • NAVY | BCNR | CY2012 | 06982 12

    Original file (06982 12.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by removing the fitness report for 2 March to 31 December 2007 (copy at Tab A) and the service record page 11(c) (“Administrative Remarks (1070)”) entry dated 28 June 2007 with his rebuttal dated 6 July 2007 (copies at Tab B). The Board, consisting of Ms. Zivnuska and Messrs. Mann...

  • NAVY | BCNR | CY2014 | NR6737 14

    Original file (NR6737 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 5. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 HD Docket No. 1552 Encl: (1) DD Form 149 dtd 7 May 14 w/attachments (2) HOmMC JPL memo cata 14 Nov 14 (3) HOMC MIQ memo dtd 12 Jan 15 (4) Subject's e-mail dtd 12 Mar 15 w/attachments (5) Subject ’s naval record 1.

  • NAVY | BCNR | CY2013 | NR8518-13

    Original file (NR8518-13.pdf) Auto-classification: Approved

    2, The Board, consisting of Messrs. Boyd, Chapman and Spain, reviewed Petitioner's allegations of error and injustice on 20 Maxch 2014, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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...

  • NAVY | BCNR | CY2014 | NR2570 14

    Original file (NR2570 14.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Chapman, Koman and Spain, reviewed Petitioner's allegations of error and injustice on & January 2015, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosures (4) and (5), the Board finds the existence of an error and injustice warranting the following...

  • NAVY | BCNR | CY2010 | 10575-10

    Original file (10575-10.pdf) Auto-classification: Approved

    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 fitness report for 1 January to 31 December 2007 (copy at Tab A) and the service record page 11 (“Administrative Remarks (1070)"”) entries dated 14 and 15 February 2008 with Petitioner’s rebuttal dated 19 February 2008 (copies at Tab B). Aldrich and Trucco and Mr. Boyd, reviewed...

  • NAVY | BCNR | CY2007 | 02803-07

    Original file (02803-07.pdf) Auto-classification: Approved

    He further requested removal of the fitness report for 20 November 1998 to 31 March 1999 (copy at Tab C in enclosure (1)). d. In enclosure (3), Petitioner added his request to remove the page 11 entry dated 24 March 1999. e. In enclosure (4), the HQMC PERB commented to the effect that the contested fitness report should stand. That Petitioner’s naval record be corrected by removing the service record page 11d (“Administrative Remarks (1070) 7”) entry dated 24 March 1999.