DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 5167-18 
AUG O7 2019 

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

Ref: (a) IO U.S.C. § 1552 
     (b) MCO Pl070.12K W/CH 1 (IRAM) 

Encl: (1) DD Form 149 
      (2) NAVMC 118(11) counseling entry (undated) 

l. Pursuant to the provisions of reference (a). Petitioner. an enlisted Marine. filed enclosure (1) with the Board for Correction of Naval Records (Board). requesting the removal of an undated Page 11 counseling entry from his naval record. 

2.  The Board, consisting of             , reviewed Petitioner's allegations of error and injustice on 7 May 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, finds 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. Enclosure (2)-a Page 11 entry Petitioner that he was eligible but not recommended for promotion to the grade of corporal (Cpl)/E-4 for the month of May 2014 due to his lack of responsibility, professionalism, and initiative-was filed in Petitioner's record. 

c. Petitioner contends that the entry is unjust because the entry was not dated, he was not informed of the entry, that it would be filed in his official military personnel file (OMPF), and that he could submit a statement for inclusion in his OMPF, in violation of reference (b). 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action. The Board noted that the entry contains administrative errors: It is not dated and does not contain Petitioner's signature. Reference (b) requires that Marines counseled that they are eligible but not recommended for promotion sign and acknowledge such an entry. The Board thus concluded that the entry is in error and unjust, and shall be removed from Petitioner's OMPF. 

RECOMMENDATION
 
In view of the above. the Board directs the following corrective action: 

Petitioner's naval record be corrected by removing the undated Page 11 entry counseling him that he was eligible but not recommend for promotion to the grade of Cpl/E-4 for the month of May 2014 from Petitioner's OMPF. 

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/database entries that reference or discuss the material being expunged. 

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 ofreference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


Executive Director