DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 6541-14
4 April 2015
From: Chairman, Board for Correction of Naval Records
Tos Commandant of the Marine Corps (MMER)
subi a ° es ::.:
(a) 20 U.8.@, 2552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting, in effect, that his record be corrected by
removing all Administrative Remarks (1070) NAVMC 118 (14.)
(Page 11) related to wrongful drug use from his Official Military
Personnel File (OMPF).
2 d, consisting of and
; reviewed Petitioner's allegations of error and
injustice on 18 March 2015 and, Lien 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. In
addition, the Board considered the advis sory opinion provided by
Headquarters Marine Corps (HQMC) dated 11 February 2015.
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. An advisory opinion from HQMC states, in part, that
Marine Corps regulations instructs that Page 11 entries
concerning administrative discharge proceedings shall not be made
if the proceedings do not, upon final review, result in
discharge, and that all Page 11 entries related to wrongful drug
use should be removed from Petitioner’s OMPF.
SIN
Docket No: 6541-14
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief. The
Board concurs with the advisory opinion from HQMC that all Page
11 entries related to wrongful drug use should be removed from
Petitioner's OMPF.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
all Administrative Remarks (1070) NAVMC 118(11) entries related
to wrongful drug use from his OMPF.
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.
T. JY REED
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 Regulation, 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
OBERT . O'NEILL
Executive Director
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