DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

BJG
Docket No: 10463-06
6 April 2007

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:
Ref:	(a) Title 10 U.S.C. 1552

End:	(1) DD Forms 149 (2) dtd 13 Nov 06, each w/encls
(2)	HQMC Mb memo dtd 26 Mar 07
(3)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 8 April 1994 with her rebuttal dated 13 April 1994 and the page llc entry dated 14 November 2003 with her rebuttal dated 14 November 2003. Copies of the contested entries with their rebuttals are in enclosure (1) at Tabs A and B, respectively.

2.	The Board, consisting of Ms. Gilbert and Messrs. Boyd and Grover, reviewed Petitioner’s allegations of error and injustice on 5 April 2007, and pursuant to its regulations, determined that the corrective action indicated below should be taken of 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.	The service record page 11 on which the contested entry dated 8 April 1994 appears also includes uncontested entries.

c.	In correspondence attached at enclosure (2), the Headquarters Marine Corps Manpower Information Operations, Manpower Management Information Systems Division has commented to the effect that Petitioner’s request has merit and warrants favorable action. They say the entry dated 8 April 1994 was unwarranted; and although it was not technically required to be signed by Petitioner’s commander, it should have been. They recommended removing the entry dated 14 November 2003 because it was not signed by Petitioner’s commander, as required because it indicated she could be the subject of administrative separation if she failed to take Corrective action.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an error and injustice warranting the following corrective action:

RECOMI4ENDATI ON:

a.	That Petitioner’s naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 8 April 1994 and her rebuttal dated 13 April 1994. This is to be accomplished by reconstructing the page 11 on which the entry appears and physically removing the rebuttal, or completely obliterating the entry and rebuttal so they cannot be read, rather than merely drawing a line through them.

b.	That her naval record be corrected further by removing the service record page llc counseling entry dated
14 November 2003 and her rebuttal dated 14 November 2003. 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 the rebuttal so they cannot be read, rather than merely drawing a line through them.

c.	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.

d.	That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.

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.

ROBERT D. ZSALMAN	JONATHAN S. RUSKIN
Recorder	Acting 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.

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