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

Docket No. 8288-19                                                          
Ref: Signature Date 

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

Ref:    (a) 10 U.S.C. § 1552 
        (b) MCO P1070.12K w/CH 1 (IRAM) 

Encl:   (1) DD Form 149 
        (2) Administrative Remarks (Page 11) promotion restriction counseling of 1 Apr 16 

1. Pursuant to reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with the Board of Correction of Naval Records (Board), requesting that his record be corrected by removing an Administrative Remarks (Page 11) counseling entry. 

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, 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.  Petitioner’s official military personnel file (OMPF) contains enclosure (2), a Page 11 entry issued on 1 April 2016, which states that the member is not recommended for promotion to the grade of corporal/E-4.  The entry does not indicate whether or not a rebuttal statement would be submitted, and although it is signed by the commanding officer, it indicates that the intended recipient was “not available for signature.” Reference (b) requires that the Marine being counseled will acknowledge (sign) the entry. 

     c.  Petitioner contends that he was not issued the counseling because he was a private/E-1 on the date it was issued and not eligible for promotion to corporal.  Additionally, although the entry states that he was not available for signature, he was a student at the                          9 March 2016 to 10 July 2016, and would have been available to sign the entry, if the entry had been intended for him. 

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 was a private/E-1 on the date the counseling was issued, and that the promotion-restriction grade was to corporal/E-4.  The Board determined that, even if the grade in the entry was an administrative error, the entry is still in error because, if the entry was intended for the Petitioner, he was not counseled, did not sign the entry, and he was not afforded the opportunity to submit a rebuttal.  The Board thus concluded that the Page 11 entry 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 enclosure (2), the Page 11 promotion restriction counseling of 1 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.