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JSR
Dochet No. NR5548-14
TL Teme eee Ano
From: Chaizmman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj
REVIEW OF NAVAL RECORD |
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dt@ 28 Mar 14 w/attachments
(2) HQMC JPL memo dtd@ 15 Oct 14
(3) HOMC MIQ memo ctd 6 Jan 15
(4) 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 service record page 11
(“Administrative Remarks (1070)") entries dated 16 January, 19
Pebruary,,amd-18 March 2003 (copies at Tab A).
an:
reviewed Peticioner's allegations of errov ans anjustice on 15
January 2615, and pursuant to its regulations, determined thar
the corrective action indicated below should be taken con 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, 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 has merit and warrants favorable action.
c. The page ll on which the contested entry dated 18 March
2009 appears also includes uncontested entries.
CONULUSION:
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 and injustice
warranting the following corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the service record page 11 (“Administrative Remarks (1070)”)
entries dated 16 January and 19 February 2009. This is to be
accomplished by physically removing the page 11’s on which the
entries appear, or completely obliterating the entries so they
cannot be read, rather than merely lining through them.
b. That his record be corrected further by removing the
service record page 11 (“Administrative Remarks {1070)") entry
dated 18 March 2009. This is to be accomplished by
reconstructing the page 11 on which the entry appears, or
completely obliterating the entry so it cannot be read, rather
than merely lining through it.
¢. 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.
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.
Dine then) & « Leet
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
behair or the Secretary of the Navy.
ROBERT J. O’NEILL
Executive Director
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