DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7o1s. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD .
Docket No. NR8854-14
20 February 2015
‘From: Chaizman, Board for Correction of Naval Records
To: Secretary of the Navy
»»j
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Sep 14 w/attachments
{2} HOMC MIQ memo dtd 5 Feb 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 (1070)"} entry dated 18 December 2012 and undated rebuttal,
copies of which are at Tab A.
2. The Board, consisting of Messrs. ES
reviewed Petitioner's allegations of error and injustice on
19 February 2015, and pursuant to its regulations, detezmined that
_the corrective action indicated below should be talhen on the
available‘ evidence of record. Documentary material considered by
“he Board consisted of the enclosures, 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 at 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 has merit and
warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (2), the Board finds the existence
of an error 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
18 December 2012 and his undated rebuttal. 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 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
povitiw ¢. fron
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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