DEPARTMENT OF THE NAVY
BOAR FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
HD
Docket No. NR&961-14
16 April 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj : Sa ea -
REVIEW OF NAVAL RECORD
Ret: fa} TO U,8.€. L552
Enel: (1) DD Form 149 dtd 24 Jul 14 w/attachments
(2) HOMC JPL memo dtd 13 Jan 15
(3) HOMC MIQ memo dtd 9 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 (1070)”) entries dated 11 March 2009 and 11 August 2011.
Copies of the contested entries are at Tabs A and B, respectively.
2. The Board, consisting
reviewed Petitioner's A ecieioes & rer and ‘injustice on
16 April 2015, and pursuant to LES erections 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.
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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 enclosures (2) and (3), the
Headquarters Marine Corps offices with cognizance over the subject
ee
matter of Petitioner’s case have commented to the effect that the
request has merit and warrants favorable action.
c. The page 11 on which the contested entry dated 11 March 2009
appears also includes an uncontested entry.
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
11 March 2009.. This is to be accomplished by reconstructing the page
11 on which the entry appears, or completely obliterating the entry
so it cannot be read, rather than merely lining through it.
Di. That his record be corrected further by removing the page
11 entry dated 11 August 2011. This is to be accomplished by
physically removing the page 11 on which the entry appears, oF
completely obliterating the entry so it cannot be read, rather than
merely lining through it.
Bus 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 Regul ations, Section 723.6(e)) and having assured
ovisions, it is hereby announced that the
ken under the authority of reference
etary of the
compliance with its pr
foregoing corrective action ta
(a) has been approved by the Board on behalf of the Secr
Navy. 4,
Y ib Wr l
ROBERT J. O'NEILL
Executive Director
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