From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
      
 
Ref: (a) 10 U.S.C. § 1552  
 
Encl: (1) DD Form 149  
      (2) Administrative Remarks (Page 11) counseling of 13 Apr 16 and promotion restriction  
          counseling of 13 Apr 16  
      (3)  ltr 5060 CO of 20 Jan 17  
 
1.  Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board, requesting that his record be corrected by removing two Administrative Remarks (Page 11) counseling entries (enclosure (2)). 
                                               
2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 24 September 2019 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, relevant portions of Petitioner’s 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, found as follows: 
 
      a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 
 
       b.  On 13 April 2016, Petitioner was issued enclosure (2), a Page 11 entry counseling him due to his assignment to the Marine Corps Body Composition Program (BCP), and a promotion restriction counseling entry due to his assignment to the Marine Corps BCP.   
 
    c.  Petitioner submitted enclosure (3), an advocacy letter from his commanding officer (CO), requesting that the two page 11 entries be removed from Petitioner’s OMPF.  Petitioner’s CO states that Petitioner had an underlying medical condition and was erroneously assigned to the BCP. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board noted that Petitioner’s CO determined that the Page 11 entries were issued in error because Petitioner had an underlying medical condition and was erroneously assigned to the BCP.  The Board thus concluded that the entries at enclosure (2) shall be removed from Petitioner’s OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by removing the Page 11 at enclosure (2), the counseling entry of 13 April 2016 and the promotion restriction counseling of 13 April 2016.    
   
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.  This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material.    
 
4.  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. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.