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ROARD FOR CORRECTION OF NAVAL RECORDS
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COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR5272-14
20 Novemher 1A
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: a area cia
REVIEW OF NAVAL RECORD
Ref: (a) Title 16 U.S.C. LSs2
Encl: (1) DD Form 149 dtd 2 Dec 13 w/attachments
(2) HOMC MMRP-13/PERB memo dtd 17 Apr 14
(3) HOMC e-mail dtd 6 May 14
(4) HOMC MIQ memo dtd 5 Jun 14
(5) BUMED memo dtd 22 Jul 14
(6) HOMC MIQ memo dtd 21 Aug 1
(7) Subject's ltr dtd 16 Oct 14 w/enclosures
(8) Subject's naval record
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 fitness reports for 21 May
to 31 December 2011 and 1 January to 30 April 2012 (copies at
Tabs A and B, respectively). Enclosure (2) shows that the
Headquarters Marine Corps (HOMC) Performance Evaluation Review
Board (PERB) has directed removing both contested fitness
reports. Petitioner also requested removing the service record
page 11 (‘Administrative Remarks (1070)") entries dated 14
December 2011, 6 January 2012 with undated rebuttal and 26 June
2012 (copies at Tabs C, D and E, respectively).
2. The Board, consisting of Messrs. Hicks, Spooner and Swarens,
reviewed Petitioner's allegations of error and injustice on 20
November 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 all
administrative remedies available under existing law and
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b. Enclosure (3) reflects the basis for the PERB action.
Ge In enclosure (4), MIQ, the HQMC office with cognizance
over page 11 entries and weight control, commented to the effect
that the contested page 11 entry dated 6 January 2012 should
stand, as it documents an incident where Petitioner attempted to
falsify documents and made false statements to her command, but
that an advisory opinion should be obtained from BUMED before
addressing the other two entries at issue.
ad. In enclosure (5), BUMED has commented to the effect it
is very possible that Petitioner had polycystic ovarian syndrome
when she was placed on the Body Composition Program (BCP).
e. In enclosure (6), MIQ again commented to the effect that
the contested entry dated 6 January 2012 should stand, but
further commented to the effect that Petitioner’s request to
remove the entries dated 14 December 2011 and 26 June 2012 had
merit and warranted favorable action. That office further
recommended removing from the Marine Corps Total Force System
(MCTFS) the entry showing Petitioner’s assignment to the BCP
from 21 December 2011 to 26 June 2012.
f. In enclosure (7), Petitioner contended that the entry
dated 6 January 2012 should be removed as well, as the following
fitness reports show she has overcome her mistake.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosure (6), the
Board finds the existence of an error and injustice warranting
the following limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entries dated 14 December 2011 and 26 June 2012. This is to be
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b. That her record be corrected further by removing from
MCTFS the entry reflecting her assignment to the BCP from 21
December 2011 to 26 June 2012.
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 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.
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Div DR if 2 fart
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 o£
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
pehalf of the Secretary of the Navy.
.
ROBERT J. O'NEILL
Fxecutive Director
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