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NAVY | BCNR | CY2014 | NR3747 14
Original file (NR3747 14.pdf) Auto-classification: Approved
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DEPARIMEMN: Vr ime wear!

BOARD FOR CORRECTION OF NAVAL RECORDS:

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JSR
Docket No. NR3747-14

16 OcLober 2014

From: Chairman, Boar@ for Correction of Naval Records

 

To: Secretary of the Navy

Sub:

Ref: (a) Title 10 U.S.C. 1552

Encl : DD Form 149 atd 4 Dec 13 w/attachments

HOMC JPL memo dtd 28 Aug 14
HOMC MIQ memo dtd 22 Sep 14

1
2
3
4) Subject's naval record

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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 service record page 11
(“Administrative Remarks (1070)") entry dated 10 May 2011 (copy
at Tab A}.

2. The Board, consisting of Ms. Trucco and Messrs. Chapman and
Exnicios, reviewed Petitioner's allegations of error and
injustice on 16 October 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.

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 ali
administrative remedies available under existing law and
regulations within the Department of the Navy.

b. In correspondence attached as enclosures (2) and (3),
the Headquarters Marine Corps offices with cognizance over the
subject matter of Petitioner’s case have commented to the effect
that the request warrants partial relief, specifically,
modifying the contested entry by replacing “domestic assault and
child neglect” with “domestic battery.”

CONCLUSION :

Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosures (2) and
(3), the Board finds the existence of an error warranting the
following limited corrective action:

RECOMMENDATION :

a. That Petitioner's naval record be corrected by modifying
the service record page 11 (“Administrative Remarks (1070)”)
entry dated 10 May 2011 by removing “domestic assault and child
neglect” and substituting “domestic battery.”

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.

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.

d. 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.

JONATHAN §. 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. 7

ROBERT J. O’NEILL
Executive Director

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