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ARLINGTON, VA 22204-2490
JSR
Docket No. NR5935-14
@ January 2015
From: Chairman, 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 atd 24 Mar 14 w/attachments
(2) HOMC JPL memo dtd 30 Sep 14
(3) HOMC MIQ memo dtd 25 Nov 14
(4) Subject's naval record
4. 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 ll
("Administrative Remarks (1070)") entry dated 5 March 2013 and.
his rebuttal dated 10 March 2013 (copies at Tab A).
>. The Board, consisting of Messrs. Chapman, Koman and Spain,
: reviewed Petitioner's allegations of error and injustice on 8
. January 2015, and pursuant to its regulations, determined that
the corrective action indicated below shoud 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, 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.
CONCLUSION:
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)”)
entry dated 5 March 2013 and his rebuttal dated 10 March 2013.
‘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.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code cof 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.
Dunethian/ S. Vda
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.
ROBERT J. O’NEILL
Executive Director
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