BT DEPARTMENT OF THE NAVY
fer? rivers
BO DARI TD KOR GUKREL. PION UIP NAWAL RIEL -CIRRERDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Nacket No: NPRRAR-14
30 OCtLOber 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 17 Oct 13 w/attachments
(2) HOMC JPL memo dtd 15 Aug 14
(3) Subject’s naval record
1. Pursuant to the. provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that her naval record be corrected by removing the
service record page 11 (“Administrative Remarks (1070)") entry
dated 17 July 2009 with her rebuttal dated 21 July 2009 (copies
at Tab A).
2. The Board, consisting of Messrs. Exnicios, Ivins and Spain,
reviewed Petitioner’s allegations of error and injustice on 30
October 2014. Pursuant to the Board's regulations, the Board
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 which were available under existing law
and regulations within the Department of the Navy.
b. Enclosure (1) was filed in a timely manner.
c. The contested entry counseled Petitioner for “A
developing trend of forming unduly friendly relationships
ee
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The enury
further stated “Since your ar
involved with three separate C
of these reveal an inappropria
which contributed to the initiation o
ommand investigations. All three
te junior senior relationship
f said investigations.”
a. peLLLLONeL GOuLEnas That 34. fae \.
investigations, she was the victim, in that she had been
sexually assaulted and harassed. She alleges that the contested
entry was issued in reprisal for her having reported these
crimes against her.
(2), the Headquarters Marine Corps Military
dvocate Division commented to the
st should be denied, because her
e, In enclosure
Personnel Law Branch, Judge A
effect that Petitioner’s reque
CONCLUSION :
Upon review and consideration of all the evidence of record,
notwithstanding enclosure (2), the Board finds an injustice
warranting the requested relief. The Board finds that
Petitioner did not do anything to warrant the contested
derogatory entry, which is highly prejudicial to her career
advancement. In this regard, the Board particularly notes that
the entry refers to relationships only “pordering on [emphasis
added] fraternization.” In view of the above, the Board
recommends the following correc
RECOMMENDATION :
a. That Petitioner’
the service record page 11 (‘Administrative Remarks (1070)")
entry dated 17 July 2009 and her rebuttal dated 21 July 2002;
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 be added to the record in the future.
quorum was present at the Board’s
4, It 18 certified that a
and that the foregoing is a true and
review and deliberations,
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TANATUAN CC. PITSKTN
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Recorder
The foregoing report of the Board is submitted for your
review and action.
ROBERT J. O'NEILL
Le [l/s [4
OBERT L. WOODS
Assistant General © Counsel
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