JSR
Docket No. NR8166-14
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From: Chairman, Board for Correction of Naval Records
Tox Secretary of the Navy
Subj: —-
REVIEW OF NAVAL RECORD
Ref: (a) Pitle 16 U.S... IS82
Enel: (1) DD Form 149 dtd 20 Mar 14 w/attachment
and DD Form 149 dtd 20 Mar 14 w/attachments
(2) HOMC MMRP-13/PERB memos tcwo), each dtd 3 Jul 14
(3) HOMC MIO memo dtd 25 Aug 14
(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 fitness reports for 10 April
to 23 July 2010, 20 December 2010 to 30 December 2011 and 31
December 2011 to 4 August 2012 (copies at Tabs A, B and C,
respectively) and his assignment to the Body Composition Program
(BCP) from 21 September 2011 to 17 April 2012 (copies of
pertinent service record page 11 ("Administrative Remarks
(1070)") entries at Tab E).
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
regulations within the Department of the Navy.
b. In enclosure (2), the Headquarters Marine Corps (HQMC)
Performance Evaluation Review Board commented to the effect that
the contested fitness reports should stand.
c. In enclosure (3), MIQ, the HOMC office with cognizance
over the subject matter of Petitioner’s request to remove his
assignment to the BCP, has commented to the effect that the
assignment should stand, but that the ending date should be
changed from 17 April 2012 to 20 March 2012.
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 limited corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by changing
the Marine Corps Total Force System (MCTFS) data reflecting his
assignment to the BCP from 21 September 2011 to 17 April 2012 to
show the ending date as 20 March 2012, rather than 17 April
2012.
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 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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PALE J ale
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.
u
ROBERT J. O'NEILL
Executive Director
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