DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR7703-14
9 April 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: ; _ ra
REVIEW OF NAVAL RECORD
Ref: (a} 10 U.S.C. 1552
Enel: (1) DD Form 149 dtd 12 Jan 15 w/attachments
(2) HOMC MIO memo dtd 16 Mar 15
(3} BOMC SPL memo dtd 19 Mar 15
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 (1970)”} entry dated 16 January 2009. k copy of the
contested entry is at Tab A.
2 The Board, consisting of UP ace (RHE an oth MOR viewed
Petitioner's allegations of error and injustice on 9 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, 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 ali
administrative remedies available under existing law and regulations
within the Department of the Navy.
b. In correspondence at 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 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.
16 January 2009. This is to be accomplished by physically removing
the page 11 on which the entry appears, or completely obliterating
the entry so it cannot be read, rather than merely lining through
it.
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 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.
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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