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

Docket No. 9827-18 
Ref:   Signature Date 

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

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 
      (2) Administrative Remarks (Page 11) counselings of 8 Jan 18 
      (3) Administrative Remarks (Page 11) counselings of 1 Feb 18 

1.  Pursuant to the reference, Petitioner, an enlisted member of the Marine Corps, filed enclosure 
(1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing all Administrative Remarks (Page 11) counseling entries (enclosures (2) and (3)) referencing his assignment to the Body Composition Program (BCP).
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 November 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, as well as 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 8 January 2018, Petitioner, then a private first class, was issued enclosure (2), a Page 11 with an entry counseling him due to his assignment to the Marine Corps BCP, and a promotion restriction entry due to his assignment to the Marine Corps BCP. 

c.  On 1 February 2018, Petitioner was issued enclosure (3), a Page 11 with an entry counseling him due unsatisfactory performance while assigned to the Marine Corps BCP, and another entry documenting his fourth month of counseling while assignment to the Marine Corps BCP. 

d.  Petitioner contends that his assignment to the BCP has been removed due to documentation not being properly maintained. 

e.  Petitioner was promoted to lance corporal with an effective date of rank of 1 November 2017. Additionally, the Marine Corps Total Force System (MCTFS) reflects that Petitioner has never been assigned to weight control. 

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 MCTFS record reflects that he has never been assigned to weight control.  Additionally, Petitioner was promoted to lance corporal with an effective date of rank of 1 November 2017, yet he received a promotion restriction entry on 8 January 2018.  The Board determined that Petitioner’s assignment to the BCP was in error, and that he was retroactively promoted to lance corporal.  

RECOMMENDATION
 
In view of the above, the Board recommends the following corrective action. 

That Petitioner’s record be corrected by removing the Page 11 at enclosure (2), consisting of two  counseling entries, each dated 8 January 2018.
 
That Petitioner’s record be corrected by removing the Page 11 at enclosure (3), consisting of two  counseling entries, each dated 1 February 2018. 

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.  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. 


Sincerely,