DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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) 2 memo dtd 29 Sep 14
) €O, ECRC ltr dtd 9 Dec ab
. PERS-007 memo dtd 6 Apr 15
2 The Board, consisting of Messrs
reviewed Petitioner's allegations of error and injustice on
16 April 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 and applicable statutes, regulations and
policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injusticeg finds as follows:
a. Before applying to this Board, Petitioner exhausted aul
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. The contested letter requests a “legal hold” on Petitioner,
‘involuntarily extending his enlistment for 6 months to complete
criminal investigation and courts-martial actions.”
c. Inenclosure (2), PERS-832, the Navy Personnel Command (NPC)
Enlisted Performance and Separation Branch, has commented to the
etrect they round nothing in retitioner’s Ufficiai military
Personnel File (OMPF), other than the contested document,
referencing a pending or adjudicated legal case.
a. In enclosure (3), the current co, ECRC commented to the
effect that comment is declined as to whether action to include the
contested document in Petitioner’s OMPF was correct.
e. Inenclosure (4), PERS-00J, the NPC Assistant Legal Counsel,
commented to the effect that the contested document should be
removed, as “no evidence has been presented...that Petitioner
committed any crime to justify this memorandum, nor has a
court-martial been convened.”
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (4), 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
CO, ECRC letter NOOL/070 dated 1 November 2010, Subject: Request for
Retention ICO Petitioner.
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 furure.
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
Boara’s review and deliberations, and that the foregoing is a true
JONATHAN S. RUSKIN
Recoraer
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
Fxecutive Director
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