DEPARTMENT OF THE WAVY
SPOR CORRECTION OF NAVAL FS
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5. COURT HOUSE ROAD. SUITE
JSR
Docket No. NR10691-14
30 October 2014
from: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: nea an
REVIEW OF NAVAL RECORD
Ref (a) Title 10 U.S.C. 1552
Enel DD Form 149 atd 1 Jul 14 w/attachments
HOMC JPL memo dtd 25 Aug 14 w/enclosures
1}
2) HOMC MMRP-13/PERB memo dtd 23 Sep 14
3)
4) Subject's naval record
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1. Pursuant to the provisions of reference:(a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
“his Board requesting, in effect, that the applicable naval
record be corrected by removing the fitness report for 1 January
to 31 duly 2007 (copy at Tab A). Enclosure {2) shows that the
Headguarters Marine Corps (HOMC) Performance Evealuec on Review
Board (PERB; has direcred ~emoving che contestec report.
Petitioner also requested correcting his Marine Corps Toval
Force System (MCTFS) date by removing the negal Action i1%
amare entry reflecting his SoM (summary court-martial} of %
uly 2007, and he impliedly requested removing the Court Martial
L
tion to pay grade
2. The Board, consisting of Messrs. Exnicios, Ivins and Spain,
reviewed Petitioner's allegations of error and injustice on 30
October 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 enclosure (3), the HOMC
Military Personnel Law Branch has commented to the effect that
the request to correct the MCTIFS data has merit and warrants
favorable action.
CONCLUSION:
Upon review and consideration of ail the evidence of record,
and especially in light of the contents of enclosure (3), the
Board finds the existence of an error warranting the following
corrective action: ,
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
from his MCTFS data the Legal Action 119 Remarks entry
reflecting his SCM of 9 July 2007 and the Court Martial Deduct
990 Remarks entry reflecting his reduction to pay grade E-5 by
court-martial of 9 July 2007.
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.
ec. That any material directed to be removed from
Patitioner'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.
peawttanl bo Mark
JONATHAN §,. RUSKIN
Recorder
5, Pursuant to the delegation of authority set out in Section
6l(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
autnority of relerence ja}, has been approved by the Board on
wee
behalf of the Secretary of the Navy.
ROBERT J. O'NEILL
Executive Director
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