DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 498-16 AUG 19 2016 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) HQMC memo 1070 JPL dtd 26 May 2016 (3) HQMC memo 1400/3 MMPR-2 dtd 4 Aug 16 (4) 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 the applicable naval record be corrected to reinstate his rank of E6 and authorize promotion to E7 from the Selection Board. 2. The Board, consisting of , reviewed Petitioner's and allegations of error and injustice on 15 August 2016 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 ofthe 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 tlie Department of the Navy. b. In correspondence attached as enclosures (2), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has merit and warrants partial favorable action. c. In correspondence attached as enclosure (3 ), the office having cognizance over the subject matter addressed in Petitioner; s application has commented to the effect that the request has merit and warrants favorable action. CONCLUSION Upon review and consideration of all the evidence ofrecord, and especially in light of the contents of enclosures (2) and (3), the Board finds the existence of an injustice warranting the following partial corrective action. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. The Petitioner's Competency Review Board (CRB) findings and all documents related thereto are removed from the Petitioner's record and that all property, privileges, and rights affected by it be restored, to include his original date of rank of 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. c. The part of the Petitioner's request that exceeds the foregoing. The Board concluded that even though the CRB is removed from the Petitioner's record, the admitted guilt of fraternization by the Petitioner warrants the removal of his selection to E7 from the Selection Board. However, the Petitioner may request remedial consideration for E7 from the and Selection Boards. d. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record ofthe Board's ~roceedinP1n;h)above entitled matter. 5. Pursuant to the delegation ofauthority set out in Se tion 6(e) of revised Procedures of the Board for Correction ofNaval Records (32 Code ofFedera egulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director