DEPARTMENT OF THE NAVY
BNARD EOP CORRECTION OF NS VAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 2569-14
17 November 2014
From: Chairman, Board for Correction of Naval Records
Tox Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF 3a USMC,
Ref : (a) 10 U.82¢., 1S52
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 13 May 2013 which references a period of unauthorized
absence (UA) and racially inflammatory comments. 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 Messrs. Exnicios, Midboe, and
Ruskin, reviewed Petitioner's allegations of error and injustice
on 26 August 2014 and, pursuant to its regulations, determined
that the partial'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 Headquarters Marine Corps (HQMC), a copy of which is 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 all
administrative remedies available under existing law and
regulations within the Department of the Navy.
TJR
Docket No: 2569-14
b. Enclosure (1) was filed in a timely manner.
c. Petitioner’s record contains a page 11 entry dated 13 May
2013, which reflects that he was counselled, in part, concerning
deficiencies in his performance and misconduct for a period, of
UA, specifically, “during the period of 130114-030502” and
failure to obey an order or regulation due to making racially
inflammatory comments to students in his class.
d. An advisory opinion from the HOMC Manpower Information
Quality Assurance, Manpower Information Systems Division (MIQ)
dated 18 August 2014 state, in part, that the page 11 entry was
partially defective as written because it did not adhere to the
guidelines and failed to meet the requirements for counselling in
that it mentioned a time period, i.e., during the period of
130114-030502, which was a discrepancy. The advisory further
states that because of the foregoing discrepancy on the page 11
entry, the verbiage 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 MIQ advisory opinion, the Board
concludes that Petitioner's request warrants partial favorable
action. In this regard, the Board concludes that all references
in his record regarding the period “130114-030502” should be
removed or obliterated.
In view of the foregoing, the Board finds the existence of an
error or injustice warranting the following partial corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by totally
obliterating or removing the verbiage “during the period of
130114-030502” from the 13 May 2013 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.
c. That no further relief be granted.
TJR
Docket No: 2569-14
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.
T. JV REED
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.
ROBERT J. O'NEILL
Executive Director
NAVY | BCNR | CY2013 | NR5299 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TJR Docket No: 5299-13 15 October 2013 From: Chairman, Board for Correction of Naval Records TO: Secretary of the Navy Subj: REVIEW NAVAL RECORD oF
NAVY | BCNR | CY2014 | NR2083 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting removal of derogatory material, specifically, a nonjudicial punishment (NIP) dated 18 June 2010, an undated administrative remarks (page 11) entry, an adverse Fitness Report (FITREP), and documentation regarding Relief For Cause (RFC), from her naval record. Enclosure (3) applies, 2. pine Board, consisting cf iii reviewed Petitioner's allegations of...
NAVY | BCNR | CY2013 | NR9058 13
d. In the AO from HOMC JAM (enclosure (4)), it was recommended that the page 11 entry remain in the record, but it should be redacted by removing all references to an adulterous affair with a CWO, and the investigation which resulted from this information. In this regard, the Board concludes that the page 11, although incorrectly written, should remain in the record but be redacted by removing all references regarding an inappropriate relationship with a “married” CWO and the investigation...
NAVY | BCNR | CY2014 | NR0271 14
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 any and all derogatory material regarding the nonjudicial punishment (NUP) imposed on 27 April 2010 from his Official Military Personnel File (OMPF). e. Enclosure (4), an advisory opinion from HOMC Military Justice Branch, Judge Advocate Division (JAM) regarding Petitioner's request to remove the NJP...
NAVY | BCNR | CY2014 | NR4197 14
g. Both advisory opinions, enclosure (2), received from Headquarters Marine Corps (JPL and MIQ) regarding Petitioner’s request to remove the NJPs and Page 11 entries recommend his request be denied because these documents were properly, factually, accurately, and legally written and filed. However, the AO from JPL recommends partial relief for Petitioner’s disproportionate punishment, specifically, 60 days of extra duty awarded at both NJP hearings. In this regard, the record should be...
NAVY | BCNR | CY2014 | NR8306 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TJR Docket No: 8306-14 8 May 2015 From: Chairman, Board for Correction of Naval Records Vos secretary of the Navy Subj: REVIEW NAVAL RECORD | Re ae USMC, XXX - XX - Ref: (a) 1/0: Ue, @, 1552 Encl (1) DD Form 149 with attachments (2) Case Summary with attachments ~~ (3) Petitioner's naval record (excerpts) Als Pursuant to the provisions of reference (a), Petitioner,...
NAVY | BCNR | CY2014 | NR5273 14
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 a nonjudicial punishment (NJP) dated 28 June 1999, and inaccurate derogatory material referencing assignment to weight control. f. Both advisory opinions, enclosure (2), received from Headquarters Marine Corps (JPL and MIQ) regarding Petitioner’s request to remove the NUP recommend his request be denied...
NAVY | BCNR | CY2013 | NR9253 13
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. 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...
NAVY | BCNR | CY2013 | NR9085 13
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, applied to this Board requesting removal of derogatory material from his naval record, specifically, two administrative remarks (page 11) entries dated 28 August and 1 September 2011, regarding his civil involvement charge of driving under the influence (DUI) of alcohol. The Board, consisting of Mr. Dixit, Mr. Sproul, and Ms. White-Olsen, reviewed Petitioner's allegations of error and injustice...
NAVY | BCNR | CY2014 | NR10930 14
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by revoking his reenlistment code of RE-30 (refused oraers assigned without sufficient obligated service remaining) . f. In enclosure (4), Petitioner contends that his having been assigned the RE-1A reenlistment code justifies removing the contested entry concerning the RE-30 code. ...