Docket No: 2522-20
Ref: Signature Date

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 
    
Encl: (1) DD Form 149 w/attachments  
      (2) Administrative Remarks (Page 11) entry of 5 May 18 
      (3)  memo  
      (4) ltr 1000-35 of 27 Dec 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 his naval record be corrected by removing the 5 May 2018 Administrative Remarks (Page 11) entry from his Official Military Personnel File (OMPF). 
 
2.  The Board, consisting of    , reviewed Petitioner’s allegations of error and injustice on 12 March 2021 and, pursuant to its regulations, determined 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 5 May 2018, Petitioner was issued enclosure (2), a Page 11 entry stating he was eligible but not recommended for promotion to sergeant for the March 2018 promotion period.  The Page 11 entry is signed by the commanding officer but in Petitioner’s signature blank, the words “SNM NOT PRESENT” are handwritten.    
 
 d.  Petitioner contends he did not have any knowledge of the Page 11 entry until an audit of his OMPF a year later.  He contends the issuing command did not notify him or provide him an opportunity to submit a rebuttal statement.  Further, at the time the Page 11 was written, he had accepted an officer commission but rather than immediately commission, he deferred his commission to stay with his reserve unit for Annual Training (AT).  Specifically, Petitioner explains that most of the senior scout snipers in the unit were deployed so he deferred his commission to train the newest sniper platoon members during the summer 2018 AT.  Petitioner states the Page 11 was issued because he did not attend the Corporal’s Course and further contends that he chose not to use a seat in the course because he had already accepted an officer commission.   See enclosure (1). 
 
 e.  In support of Petitioner’s contentions, a Sergeant Major and Staff Sergeant that served with him during the summer AT provided advocacy letters explaining the circumstances and Petitioner’s unselfish contributions to the unit.  See enclosures (3) and (4). 
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief. The Board noted the advocacy letters at enclosures (3) and (4), Petitioner’s statement, and the absence of Petitioner’s acknowledgement on enclosure (2), and determined it was in the interest of justice to remove the Page 11 entry.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the Page 11 entry of 5 May 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.