DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR9043-13
19 June 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: MSGT
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 26 Aug 13 w/attachments
(2) Copy of removed fitrept for
1 Jul 08 to 15 Jul o9
(3) HOMC MMSB-18 e-mail 24 Jan i4
(4) HOMC MIO memo dtd 3 Apr 14 w/enclosure
(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 service record page 11
(“Administrative Remarks (1070)”) entry dated 1 December 2009
and his rebuttal dated 11 December 2009, copies of which are at
Tab A.
2. The Board, consisting of Mses. Montgomery and Zivnuska and
Mr. Genteman, reviewed Petitioner's allegations of error and
injustice on 19 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, 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
reguiations within the Department of the Navy.
b. . Petitioner contends that the contested page 11 entry
should be removed as it was issued after his competency review
board (CRB) proceedings were invalidated, and his fitness report
for 1 July 2008 to 15 July 2009 (copy at enclosure (2)}) has been
removed by direction of the Headquarters Marine Corps (HOMC)
Performance Evaluation Review Board (PERB).
c. Enclosure (3) reflects the basis for the PERB action,
which was a finding that the wrong officer acted as the
reviewing officer.
d. In correspondence attached as enclosure (4), MIO, the
HOMC office with cognizance over the subject matter of
Petitioner's case, has commented to the effect that the request
warrants partial relief, specifically, modification of the
contested entry to remove “,which resulted in you being
relieved for cause”.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosure (4), the
Board finds the existence of an error warranting partial relief,
specifically, modification of the contested entry to remove
“ which resulted in you being relieved for cause”. The Board
is unable to find the invalidation of Petitioner's CRB
proceedings was a factor in the issuance of the contested entry,
nor can the Board find that the PERB action supports relief
concerning that entry. In view of the above, the Board directs
the following limited corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing,
from the service record page 11 (*Administrative Remarks
(1070)") entry dated 1 December 2009, *, which resulted in you
being relieved for cause”.
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.
d. That the remainder of Petitioner’s request be denied.
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.
piesa! Jf footie
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.
a SS ee.
ROBERT D. 4ASALMAN
Acting Executive Director
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