DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OiT S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2430
JSR
Docket No. NR3392-14
8 January 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD ‘
Ref: {a) Title 10 U.S.C. 1552
Enel: DD Form 149 dtd 24 Jan 14 w/fattachments
HOMC JPL memo dtd 29 Aug 14
HOMC MIQ memo dtd 6 Oct 14
Subject's naval record
a
EB WNP
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure {i) with
this Board requesting, in effect, that the applicable naval
record be corrected by removing the service record page il
(“Administrative Remarks (1070)"} entries dated 16 February and
7 October 2012 (copies at Tabs A and B, respectively) .
2. The Board, consisting of Messrs. Chapman, Koman and Spain,
reviewed Petitioner's allegations of error and injustice on 8
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. In correspondence attached as enclosure (2), the
Headquarters Marine Corps (HOMC) Personnel Law Branch commented
to the effect that the request should be denied.
c¢. In correspondence at enclosure (3), the HOMC Manpower
Information Quality Assurance, Manpower Information Systems
Division has commented to the effect that the contested entry
dated 16 February 2012 should stand, but that the entry dated 7
October 2012 should be removed.
CONCLUSION :
Upon review and consideration of all the evidence of record, the
Board finds the existence of an error and injustice warranting
partial relief, specifically, removing the contested entry dated
7 October 2012. In this connection, the Board concurs with
enclosure (3) and disagrees with enclosure (2). The Board
concurs with both enclosures (2) and (3) in finding the entry
dated 16 February 2012 should stand. In view of the foregoing,
the Board directs the following limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entry dated 7 October 2012. 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.
ob. 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 the remainder of Petitioner’s request be denied.
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.
porta thier’ L. erator
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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