DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O! S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2456
JSR .
Docket Neo. NR4745-14
32 Matul 2015
From: Chairman, Board for Correction of Naval Records
To; Secretary of the Navy
saat
REVIEW OF NAVAL RECORD
Subj: 4
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 4 May 13 w/attachments
{2} HOMC MMRP-13/PERB memo ata 2 Apr 14
(3) HOMC JAM2 memo dtd 13 Sep 13
(4) HOMC MIQ memo dtd 8 May 14
-(5) Subject’s fax recvd 11 Aug 14
(6) HOMC JPL memo dtd 17 Oct 14 w/enclosures
(7) HOMC MIQ memo dtd 25 Nov 14
{8} Subject’s naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure {1) wath
this Board requesting, in effect, that the applicable naval
record be corrected by removing the fitness reports for 1
January to 27 April 2008, 28 April to 23 September 2008, 31
January to 31 October 2009, 1 November 2009 to 16 January 2010,
1 April to 8 September 2010 and 1 January to 31 December 2011
{copies at Tab A); and the service record page ll
(“Administrative Remarks (1070)”) counseling entries dated 2
April 2008 with undated rebuttal, 11 June 2010 with undated
rebuttal and 12 May 2011 (copies at Tab B). Enclosure (2) shows
that the Headquarters Marine Corps (HOQMC) Performance Evaluation
Review Board (PERB) has directed removing the contested fitness
report for 1 January to 27 April 2008. Petitioner also
requested reconstructing the service record page 12 (“Offenses
and Punishments”). This last request was not considered, as
Petitioner's Official Military Personnel File includes no
derogatory page 12 entry.
2. The Board, consisting of Mses. Davis, Trucco and Wilcher,
reviewed Petitioner's allegations of error and injustice on 12
March 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. Petitioner asserts he did not commit any misconduct, so
the contested fitness reports and counseling entries are false
and unwarranted. The supporting evidence he provides includes
documentation showing he was considered for administrative
separation, but the administrative discharge board found that
the evidence did not prove any of the acts or omissions alleged,
so he was retained.
c. Enclosure (2), the report of the HOMC PERB in
Petitioner's case, shows that the PERB directed removing the
contested fitness report for 1 January to 27 April 2008, but
commented to the effect that the five remaining reports at issue
should stand.
d. In enclosure (3), the HQMC Judge Advocate Division (JAD)
commented to the effect that the five remaining contested
fitness reports and the page 11 entry dated 2 April 2008 should
stand. ,
e. In enclosure (4), the HQMC Manpower Information Quality
Assurance, Manpower Information Systems Division (MIQ) concurred
with JAD in concluding the entry dated 2 April 2008 should
stand.
£. In enclosure (5), Petitioner provided new evidence in
support of his new request to remove the page 11 entries dated
11 June 2010 and 12 May 2011.
g. In enclosures (6) and (7), JAD and MIQ commented to the
effect that the entry dated 11 June 2010 should be removed, but
that the entry dated 12 May 2011 should stand.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosures (2)
through (4) and (6) and (7), the Board finds the existence of an
error and injustice warranting limited relief, specifically,
removing the page 11 entry dated 11 June 2010 and the rebuttal.
The Board finds that Petitioner’s having been retained does not
support further relief, noting that the documentation he
provided did not specify what acts or omissions were alleged.
In view of the above, 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 11 June 2010 and Petitioner’s undated rebuttal that
begins “I am writing this rebuttal for the 6105 I am receiving,
due to the CRC [Case Review Committee] results.” This is to be
accomplished by physically removing the page 11 on which the
entry appears and the rebuttal, or completely obliterating the
entry and rebuttal so they cannot be read, rather than merely
lining through them.
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.
c. 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.
Asniethay % « [letter
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.
uy Lo -
ROBERT J. O'NEILL
Executive Director °
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