DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2430
JSR
Docket No. NR8518-13
20 March 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
subj: sscT (EEF vsuc,
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 21 Jun 13 w/attachments
(2) HOMC MMER/PERB memo dtd 18 Oct 13
(3) HOMC JAM2 memo dtd 15 Jan 14
(4) HOMC MIQ memo dtd 10 Feb 14
(5) 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 fitness report for 16 July
2011 to 30 June 2012 (copy at Tab A), the Unit Punishment Book
(UPB) entry for his nonjudicial punishment (NJP) of 14 June 2012
(copy at Tab B), and the two service record page 11
(“Administrative Remarks (1070)"”) entries dated 18 June 2012
with his rebuttal dated 21 June 2012 (copies at Tab C).
Enclosure (2) shows that the Headquarters Marine Corps (HOQMC)
Performance Evaluation Review Board has directed removing the
contested fitness report.
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. 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. In correspondence attached as enclosures (3) and (4),
HQMC JAM2 and MIQ have commented to the effect that Petitioner’s
request to remove the UPB entry and the page 11 entries with his
rebuttal has merit and warrants favorable action.
_ CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosures (3) and
(4), the Board finds the existence of an injustice warranting
the following corrective action: .
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the UPB entry for his NJP of 14 June 2012.
b. That his record be corrected further by removing the two
service record page 11 (“Administrative Remarks (1070)") entries
Gated 18 June 2012 and his rebuttal dated 21 June 2012. This is
to be accomplished by physically removing the page 11 on which
the entries appear and the rebuttal, or completely obliterating
the entries and rebuttal so they cannot be read, rather than
merely Lining through them.
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.
qd. 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 ina
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.
TR de SS, fo
ROBERT D. Z2SALMAN
Acting Executive Director
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