DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No: 4667-14
23 April 2014
From: Chairman, Board for Correction cof Naval Records
To: Secretary of the Navy
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REVIEW OF NAVAL RECORD
Ref: {a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 18 Jun 13 w/attachments
(2) HOMC MMSB/PERB memo dtd 31 Mar 14
(3) HOMC JAM2 memo dtd 2 Oct 13
(4) Subject’s naval record
i. 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 removing the
fitness report for 1 to 2 January 2013 (copy at Tab A to
enclosure (1)). As explained in enclosure (2), the Headquarters
Marine Corps (HQMC) Performance Evaluation Review Board has
directed removal of the contested fitness report. He further
requested removal of the nonjudicial punishment (NJP) of 15
November 2012 (copy of Unit Punishment Book (UPB) entry at Tab B
to enclosure (1)). Finally, by implication, he requested
removal of two service record page 11 (“Administrative Remarks
(1070)”) entries dated 15 November 2012 (copy at Tab C to
enclosure (1)).
2. The Board, consisting of Mses. Tollefson and Montgomery and
Mr. Zsalman, reviewed Petitioner’s allegations of error and
injustice on 22 April 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 the Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. In enclosure (3), the HQMC office with cognizance over
NJP’s has commented to the effect that Petitioner’s request to
remove it has merit and warrants corrective action. The
advisory opinion bases its rationale on the fact that the UPB is
not filled out properly.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board finds an error
warranting relief. In view of the above, the Board directs the
following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by
removing the NJP of 15 November 2012.
b. That Petitioner’s record be further corrected by
removing the two service record page 11 (“Administrative Remarks
(1070)") entries dated 15 November 2012 . This is to be
accomplished by physically removing the page 11 on which the
entries appear, or completely obliterating the entries so they
cannot be read, rather than merely lining through them.
c. 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.
d. 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. ax: om
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 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.
RS CE
ROBERT D. ZSALMAN
Acting Executive Director
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