DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR :
Docket No: 9253-13
12 September 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
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
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that his naval record be corrected by
removing an erroneously filed administrative remarks (page 11)
entry dated 20 December 2012 regarding his disobeying a lawful
order. This request includes, but is not limited to, removal of
all references to the page 11 entry from his Official Military
Personnel File (OMPF), the Marine Corps Total Force System
(MCTFS), and his Electronic Service Record (ESR).
2. The Board, consisting of Ms. Trucco, Ms. Wilcher, and Mr.
4saiman, reviewed Petitioner's allegations of error and injustice
on 26 August 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. In addition, the
Board considered two advisory opinions (AO) provided by
Headquarters Marine Corps (HOMC), copies of which are attached to
enclosure (2).
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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
TIR
Docket No: 9253-14
b. Enclosure (1) was filed in a timely manner.
c. Petitioner’s record contains a page 11 entry dated 20
December 2012, which reflects that he was counselled concerning
deficiencies in his performance, specifically, failure to obey an
order or regulation. This entry does not specify the particular
order that was disobeyed, recommendation for corrective action,
or where to seek assistance within the command. It also fails to
reflect a timeframe specifying his counselling on numerous
occasions.
d. Two AOs from the HOMC (Military Law Branch, Judge Advocate
Division (JAM) dated 16 May 2014 and Manpower Information Quality
‘Assurance, Manpower Information Systems Division (MIQ) dated 30
July 2014) ‘state, in part, that the page 11 entry was defective
as written because it did not adhere to the guidelines and failed
to meet the requirements for counselling. They further state
that because the page 11 entry was incompletely and erroneously
written and filed, it should be permanently removed from
Petitioner's records.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AOs, the Board concludes that
Petitioner's request warrants favorable action. In this regard,
the Board concludes that.all references in his record regarding
it should be removed or obliterated.
In view of the foregoing, the Board finds the existence of an
error or injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by totally
obliterating or removing the 20 December 2012 page 11 entry and
all references thereto.
. b. That any and all materials 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 materials be added to the record in the future.
- : ¢€., That any material directed to be renioved 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
TIR
‘Docket No: 9253-14
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.
BRIAN J. notes
Recorder
5. Pursuant to the delegation of authority set out in Section
.6(@) 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.
ROBERT J. O’NETLL
Executive Director
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