DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR11222-14
19 March 2Ons
From: Chairman, Boara for Correction of Naval Records
To: Secretary of the Navy
Sub}: i Pe
REVIEW OF NAVAL RECORD
ref: (a) Title 10 U.8.C. 1552
Encl: (1) DD Form 149 dta 6 Oct 14 w/attachments
(2) HOMC MIO memo dtd 9 Mar 15
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 three undated service record
page il (“Administrative Remarks (1070)") entries stating
Petitioner is eligible but not recommended for promotion to
sergeant for June, July and August (no year given) “because of
Physical Fitness shortcoming” (copies at Tab A).
>. The Board, consisting of Messrs. Chapman, Spooner and
Swarens, reviewed Petitioner's allegations of error and
injustice on 19 March 2015, 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 jaw and
reguiations within the Department of the Navy.
b. In correspondence attached as enclosure (2), the
Headquarters Marine Corps office with cognizance over the
subject matter of Petitioner’s case has commented to the effect
that the request 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 enclosure (2), the
Board finds the existence of an error warranting the following
corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the three undated service record page 11 (‘Administrative
Remarks (1070)”) entries stating Petitioner is eligible but not
recommended for promotion to sergeant for June, July and August
(no year given) “because of Physical Fitness Shortcoming.” This
is to be accomplished by physically removing the page 11’s on ..
which the entries appear, or completely obliterating the entries
so they cannot be read, rather than merely lining through them.
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.
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.
Sera oS ferroler?
JONATHAN S. RUSKIN
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.
ROBERT J. O'NEILL
Executive Director
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