Docket No: 3648-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO XXX XX USMC Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Administrative Remarks NAVMC 118(11) of 5 Nov 19 (3) Administrative Remarks NAVMC 118(11) of 7 Jan 20 (4) Administrative Remarks NAVMC 118(11) of 5 Feb 20 (5) ltr of 11 Feb 20 1. Pursuant to the provisions of the reference, 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 5 November 2019, 7 January 2020, and 5 February 2020 Administrative Remarks (page 11) counseling entries and rebuttal statement. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 20 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. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 5 November 2019, Petitioner was issued enclosure (2), a page 11 entry notifying him that he is eligible but not recommend for promotion to sergeant. b. On 7 January 2020, Petitioner was issued enclosure (3), a page 11 entry notifying him that he was selected, but would not be promoted to sergeant for the month of January 2020. c. On 5 February 2020, Petitioner was issued enclosure (4), a page 11 entry counseling him for failing to return his tier card to the Duty Noncommissioned Officer. Petitioner submitted enclosure (5) in response to his page 11 entry. d. Petitioner contends that his page 11 entries not recommending him for promotion are erroneous and obsolete. Petitioner claims that an investigation by higher headquarters concluded that his 5 November 2019 and 7 January 2020 page 11 entries were erroneously filed and subsequently backdated his promotion to sergeant. Petitioner also contends that his 5 February 2020 page 11 entry was for a minor infraction that does not concern matters that form an essential and permanent part of his military history according to the Marine Corps Individual Records Administration Manual (IRAM). CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. In this regard, the Board noted that Petitioner’s 5 November 2019 and 5 February 2020 page 11 entries were written and issued according to the IRAM. Specially, the page 11 entries advised Petitioner of the reason for his non-recommendation for promotion, his deficiencies, and provided him with the opportunity to provide a statement, which he declined. The Board determined that Petitioner’s 5 November 2019 and 5 February 2020 page 11 entries and rebuttal statement are valid and shall be retained as filed. The Board also noted that Petitioner’s 7 January 2020 page 11 entries were annotated “SNM not available for signature”. The Board noted, too, that according to the IRAM, entries for Marines eligible but not recommend for promotion will be acknowledged by the Marine. Accordingly, the Board determined that Petitioner’s 7 January 2020 page 11 entries are in error and shall be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 7 January 2020 Administrative Remarks counseling entries. No other corrections to Petitioner’s record. 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. 4/27/2021 Executive Director