DEPARTMEW?T OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR7865-14
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From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}:
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd i7 Jun 14 w/attachment
(2) HOMC MIO memo dtd 24 Jul 14
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred tc 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 15 October 2013
{copy at Tab A) and 8 April 2014 (copy at Tab B).
2. The Board, consisting of Ms. Polk and Messrs. Exnicios and
Grover, reviewed Petitioner's allegations of error and injustice
on 15 October 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
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2), the
Headquarters Marine Corps office with cognizance over the
subject matter of Petitioner's case has commented to the effect
that the request warrants partial relief, specificaliy, removing
from each of the contested entries “I understand that I am being
processed for the following judicial or adverse administrative
action under paragraph 6210.3 of MCO [Marine Corps Order]
P1900.16F, by reasons of misconduct due to pattern of
misconduct.”
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosure (2), the
Board finds the existence of an error warranting the following
limited corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected by modifying
the service record page 11 (“Administrative Remarks (1070)”)
entries dated 15 October 2013 and 8 April 2014 by removing “I
understand that I am being processed for the following judicial
or adverse administrative action under paragraph 6210.3 of MCO
P1900.16F, by reasons of misconduct due to pattern of
misconduct.”
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.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
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.
i ens fi ae 1
Poni Z. SEA EG
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.
OBERT J. O’ NEILL
Executive Director
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