DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, YA 22204-2490
HD
Docket No. NR9378-14
27 Marcn 42ulo
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: ae , a
REVIEW OF NAVAL RECORD (RECONSIDERATION
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 22 Jul 14 w/attachments
-(2) 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)") entry dated 30 March 2005. A copy of the contested
enzry is at Tab A. Petitioner's previous request to remove the
contested page ll entry, docket number 2280-12, was gesied on 3
Ocmober 2012.
reviewed Petitioner's allegations cf error and injustice on
26 March 2015, 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 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 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
30 March 2009. This is to be accomplished by physically removing
the page 11 on which the entry appears, or completely obliterating
the entry so it cannot be read, rather than merely lining through
it.
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
matter.
PVACEDA Le: batter
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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