From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO FORMER  XXX XX USMC 
 
Ref: (a) Title 10 U.S.C. § 1552  
     (b) CMC WASHINGTON DC (US) 191708Z Mar 07 (MARADMIN 198/07)  
     (c) CMC WASHINGTON DC DMCS 151956Z Jan 10 (MARADMIN 029/10) 
     (d) MCBul 1020 of 2 Jun 12 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Administrative Remarks (Page 11) counseling entry of 3 Jan 14 
 
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 to remove an Administrative Remarks (Page 11) 6105 counseling entry. 
                                              
2.  Although Petitioner’s application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the case on its merits.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 15 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 the 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, finds as follows: 
 
     a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b. Petitioner was issued enclosure (2), a Page 11 6105 counseling him for violation of Article 92 (failure to obey order or regulation), Uniform Code of Military Justice.  Specifically, he violated the Marine Corps Tattoo Policy, references (b) and (c) for having a tattoo that was “not properly documented by your previous command for inclusion in your official military personnel file.”   
 
     c. On 2 June 2016, the Marine Corps released reference (c), MC Bulletin 1020 that implemented a mass “grandfathering” of non-compliant tattoos.  The policy did not require tattoos that are in compliance with this Bulletin to be documented.  Petitioner contends that his tattoo in not in violation of the Marine Corps Tattoo Policy.    
     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  Specifically, the Board concluded that Petitioner’s tattoo is not in violation of MC Bulletin 1020, and there is no requirement for it to be documented in a Page 11 entry.       
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), his 3 January 2014 Page 11 counseling entry.     
 
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 Regulation, 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