From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD OF   XXX XX  USMC 
 
Ref:     (a) Title 10 U.S.C. § 1552 
         (b) MCO P1070.12K w/ Chapter 1 (IRAM) 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) CG, -MCB ltr 1900 CG of 16 Jul 19 
        (3) HQMC memo 1070 JPL of 9 Oct 19 
        (4) HQMC memo 1400/3 MMPR-2 of 13 Nov 19 
  
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing all Administrative Remarks (Page 11) counseling entries from October 2017 to September 2019 from his official military personnel file (OMPF) and reinstating his original date of rank (DOR) for corporal to 1 September 2018. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 27 October 2020 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 was promoted to corporal (Cpl) on 2 December 2016; however, he was reduced to lance corporal (LCpl) on 1 June 2017.  Petitioner received Page 11 entries from 12 April 2018 to 12 June 2019 stating that he was eligible but not recommended for promotion to Cpl due to pending legal action/administrative separation.  On 13 June 2019 Petitioner underwent an administrative discharge board where the board determined by majority vote that the preponderance of the evidence did not prove the misconduct.  On 16 July 2019 the Commanding General of Marine Corps Installations directed retention for further service in the Marine Corps, enclosure (2).    

      c.  Petitioner contends that the Page 11 entries are impacting his ability to be promoted and to reenlist in the Marine Corps.  Petitioner argues that the Page 11 entries should be removed from his OMPF due to the fact that his administrative separation board did not substantiate misconduct and that he was recommended for retention in the Marine Corps.  The Board notes that Petitioner stated that he received Page 11 entries from October 2017 to September 2019; however, the Board only found Page 11 entries from 12 April 2018 to 12 June 2019 in his record. 
 
      d.  Enclosure (3), an advisory opinion (AO) furnished by Headquarters, Marine Corps (JPL), recommended granting Petitioner’s request due to the fact that reference (b) states a command should “not make entries on page 11 which concern administrative discharge or competency review proceedings if they do not, upon final review, result in discharge or reduction.”  
 
      e.  Enclosure (4), an AO furnished by Headquarters, Marine Corps, (MMPR-2), recommended granting Petitioner’s request with regards to corporal DOR due to the fact that he met Time In Grade, Time in Service, and the minimum cutting score for the month of September 2018.  The AO recommended that Petitioner’s record be forwarded to the Headquarters and Support Battalion  for remedial promotion consideration requesting a corporal DOR of 1 September 2018.   
 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the JPL and MMPR-2 AOs, the Board determined that Petitioner’s request warrants relief.  The Board found that the Page 11 entries are erroneous.  The Board thus concluded that Petitioner’s Page 11 entries from 12 April 2018 to 12 June 2019 shall be removed from Petitioner’s record.   
 
The Board further determined that Petitioner obtained the cutting score for promotion to corporal in September 2018. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s Page 11 6105 counseling entries from 12 April 2018 to 12 June 2019 be removed from his OMPF. 
 
MMPR-2 complete an audit of Petitioner’s record and convene an Enlisted Remedial Selection Board to restore Petitioner’s DOR in the grade of corporal to 1 September 2018. 
 
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. 
     
1/17/2021
Deputy Director