From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
       
 
Ref: (a) Title 10 U.S.C. § 1552  
(b) MCO P1070.12K 
 
Encl: (1) DD Form 149 w/enclosures 
 (2) Administrative Remarks (Page 11) counseling entry of 16 Jun 14 
 (3) HQMC memo 1070 JPL of 21 May 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 his 16 June 2014 Administrative Remarks (Page 11). 
                                           
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 March 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.   
 
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 16 June 2014, Petitioner was issued enclosure (2), a Page 11 promotion restriction counseling entry, notifying him that he was eligible but not recommended for promotion to corporal for the July 2014 promotion period due to physical fitness shortcoming, lack of initiative, and lack of responsibility.  The entry is annotated “SNM unavailable for signature.” 
 
      c.  Enclosure (3) is an advisory opinion (AO) furnished by the Headquarters Marine Corps Military Personnel Law Branch (JPL).  The AO recommended Petitioner’s request to remove the contested Page 11 be approved.  The AO noted that Petitioner was an active duty Marine yet he was not given the opportunity to acknowledge the entry of this counseling in his official military personnel file (OMPF), nor did he acknowledge the opportunity to file a rebuttal to the counseling.  The AO also noted that Petitioner’s command had two weeks before his scheduled promotion to inform him of his deficiencies and to give him the chance to write a rebuttal.  The proper procedures were not followed in this case, despite sufficient time to ensure Petitioner knew of his not recommended status. 
 
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 determined that Petitioner’s command had two weeks before his scheduled promotion to inform him of his deficiencies and to give him the chance to write a rebuttal.  However, in violation of reference (b), Petitioner was not given the opportunity to acknowledge the entry of this counseling in his OMPF, nor did he acknowledge the opportunity to file a rebuttal to the counseling. 
 
Accordingly, the Board determined that Petitioner’s 16 June 2014 Page 11 counseling entry shall be removed from his OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the 16 June 2014 Page 11 counseling entry.  
 
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.