Rem Ar TRA AI a Tet RAW
CS CAC or ae or
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2499
JSR
Docket No. NR2570-14
8 January 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: SSR enennn
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552.
Encl: (1) DD Form 149 dtd 8 Oct 13 w/attachments
and Subject'’s ltr dtd 27 Feb 14 w/enclosures
(2) HOMC MMRP-13/PERB memo dtd 20 Aug 14
(3) PERB undtd notes
(4) HOMC JPL memo dtd 10 Oct 14
(5) HOMC MIO memo dtd 25 Nov 14
(6) Subject's naval record
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 the fitness report for 13
January to 21 February 2013 (copy at Tab A) and the service
“record page 11 (“Administrative Remarks (1070)")} entry dated 21
February 2013 (copy at Tab B). Enclosure (2) shows that the
Headquarters Marine Corps (HOMC) Performance Evaluation Review
Board has directed removing the contested fitness report.
2. The Board, consisting of Messrs. Chapman, Koman and Spain,
reviewed Petitioner's allegations of error and injustice on &
January 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 law and
regulations within the Department of the Navy.
b. Enclosure (3) reflects the basis for the PERB action.
c. In correspondence attached as enclosures (4) and (5),
the HOMC offices with cognizance over the subject matter of
Petitioner’s request to remove the page 11 entry have commented
to the effect that this request has mérit and warrants favorable
action.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosures (4) and
(5), the Board finds the existence of an error and injustice
warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entry dated 21 February 2013. This is to be accomplished by
physically removing the page 11 on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through it.
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.
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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