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) 
         (c) MCO P1610.7 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) HQMC memo 1610 MMRP-30 of 10 Jan 20 
 (3) HQMC memo 1610 MMRP-13 of 20 Apr 20 
 (4) HQMC memo 1400/3 MMRP-50 of 3 Apr 20 
    
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 a fitness report, covering the period 1 January 2017 to 30 April 2017, and two Administrative Remarks (Page 11) counseling entries of 20 March 2017 from his official military personnel file (OMPF).  
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 13 April 2021 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. Additionally, the Board considered the advisory opinions (AO) provided at enclosures (2) and (4). 
 
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 sustained an injury that caused him to fail the run portion of the physical fitness test (PFT) on 17 March 2017.  Petitioner received an adverse fitness report for the PFT failure and two page 11 entries; one documenting the PFT failure and one stating that he was restricted from promotion to gunnery sergeant until he passed a PFT.  The Petitioner contends that the adverse fitness report and page 11 entries are unjust and should be removed as he failed the PFT only due to a medical injury that occurred while he was taking the PFT and the rebuttal that he submitted in response to his page 11 entries is not in his OMPF. 
 
      c.  Enclosure (2), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended denying Petitioner’s request.  However, Headquarters Marine Corps Performance Evaluation Review Board (MMRP-13/PERB) directed removal of the fitness report on 20 April 2020, enclosure (3).     
 
      d.   MMRP-13 requested an AO from Headquarters, Marine Corps Counseling and Evaluation (MMRP-50) on whether Petitioner’s failures of selection (FOS) to gunnery sergeant in Fiscal Year (FY) 2017, FY 2018, and FY 2019 should be removed.  Enclosure (4), an AO furnished by MMRP-50, recommended not removing the FY17 and FY18 FOS because Petitioner had not completed his professional military education (PME), making him ineligible for selection.  In addition, the AO recommended not to remove the FOS for FY19 as Petitioner’s training statistics and overall record were below the average Marine selected from his primary military occupational specialty.  The AO noted that Petitioner can request a remedial consideration for the FY19 gunnery sergeant promotion board. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the PERB decision, the Board determined that Petitioner’s request warrants relief.  The Board found that the two page 11 entries of 20 March 2017 are unjust.  The Board thus concluded that Petitioner’s page 11 entries of 20 March 2017 shall be removed from Petitioner’s record.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s two page 11 6105 counseling entries dated 20 March 2017 from his OMPF. 
 
Petitioner will submit a request through Headquarters, Marine Corps MMPR-2 for remedial promotion for the FY19 gunnery sergeant promotion board.   
 
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. 
     
4/25/2021
Executive Director