DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24390
TIR
Docket No: 1275-14
16 June 2014
From: Chaixyman, Board for Correction of Naval Records
“To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD oF Qi
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
(4) HOMC Manpower Information Quality Assurance, Manpower
information Systems Division (MIQ) memo dated 22MAY14
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 record be corrected by removing
derogatory material, specifically, an administrative remarks
{page 11) entry dated 6 January 2009 which incorrectly reflects
that he was issued a traffic citation for failure to obey a stop
sign.
2. The Board, consisting of Mr. Bey, Mr. Hedrick, and Ms.
Wilcher, reviewed Petitioner's allegations of error and injustice
on 10 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. In addition, the
Board considered the advisory opinion (AO} provided by the HOMC
MIO, a. copy of which is-attached as enclosure (4).
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 Roard, ‘Petitioner exhausted all -
administrative remediés available under existing law and
regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner’s record contains a page 11 entry dated 6
January 2009 which reflects; in part, that he received
counselling for failure to report a traffic citation that he
received for failing to stop at a stop sign. Following an
investigation into this and other similar matters, his commanding
officer subsequently learned that the citation was not issued to
him, but to his spouse. Nonetheless, the page 11 remained in his
record. In this regard, the commanding officer submitted a
letter recommending that the page 11 be removed from the record.
d. In the AO from HOMC MIO (enclosure (4)), it was
recommended that the page 11 entry be removed from all records,
(i.@., Marine Corps Total Force System (MCTFS), Official
Military Personnel File (OMPF), and Electronic Service Record
(ESR)) because the unreported traffic violation was not committed
by Petitioner, but by his wife. The AO also notes the favorable
recommendation of the commanding officer who issued the entry to
have it removed from the record.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AO and the recommendation of the
commanding officer who issued the page 11 entry, the Board finds
the existence of an error and injustice warranting corrective
action. In this regard, the Board concludes that the page 11 was
incorrectly written and filed and should be removed from ail
records, to include the OMPF, MCTFS, and ESR. In view of the
foregoing, the Board directs the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the administrative remarks (page 11) entry dated 6 January 2009.
b. That any and all 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 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.
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 BRIAN J. GEORGE
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 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.
Tk BS
ROBERT D. ALMAN
Acting Executive Director
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