DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No.4762-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF XXX XX USMC Ref: (a) 10 U.S.C. § 1552 (b) MCO P1070.12K (IRAM) Encl: (1) DD Form 149 w/enclosures (2) Administrative Remarks (Page 11) counseling entry (undated) (3) Administrative Remarks (Page 11) counseling entry of 29 Jun 18 (4) Administrative Remarks (Page 11) counseling entry of 12 Jul 18 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 her naval record be corrected by removing the Administrative Remarks (Page 11) counseling entries at enclosures (2) through (4). 2. The Board, consisting of Mr. , Ms. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 3 June 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, with exception to removal of duplicate copies of the contested Page 11 entries. b. Petitioner’s official military personnel file (OMPF) contains two copies of an undated Page 11 promotion–restriction counseling entry, notifying Petitioner that she was eligible but not recommended for promotion to corporal for the month of June 2018 due to physical fitness shortcomings. The entry was signed by her Commanding Officer, but not by the Petitioner. Enclosure (2). Petitioner contends that she was not counseled in regard to this entry, and she was not given an opportunity to submit a written rebuttal. There is also a duplicate copy of this entry in her OMPF, and Petitioner requests that both entries be removed from her OMPF. c. On 29 June 2018, Petitioner was issued enclosure (3), a Page 11 promotion–restriction counseling entry, notifying Petitioner that she was selected but would not be promoted to corporal for the month of June 2018 due to physical fitness shortcomings. Petitioner acknowledged the entry and elected to submit a written rebuttal, but the rebuttal is not is her OMPF, and there is no counter-entry indicating that she did not submit her rebuttal. There is also a duplicate copy of this entry in her OMPF. d. On 12 July 2018, Petitioner was issued enclosure (4), a Page 11 counseling entry, notifying her that she was eligible and recommended for promotion to corporal for the remainder of the third quarter 2018 promotion period. Petitioner acknowledged the entry and elected not to submit a written rebuttal. There is also a duplicate copy of this entry in her OMPF. CONCLUSION Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board determined that the Page 11 entry at enclosure (2) is in error because it is not dated, and the Petitioner was not afforded an opportunity to acknowledge the counseling or an opportunity to submit a written rebuttal. The Board concluded that the Page 11 entry at enclosure (2), and all duplicate copies, shall be removed from Petitioner’s OMPF. The Board also determined that removal of the contested Page 11 entry at enclosure (3) would constitute an excessive degree of redress. The Board, however, noted that Petitioner elected to submit a written rebuttal, which was not entered into her OMPF. Therefore, the Board concluded that Petitioner shall be allowed an opportunity to submit a rebuttal statement, providing it is in compliance with reference (b). The Board also concluded that all duplicate copies of this entry, and duplicate copies of the entry at enclosure (4) shall be removed from Petitioner’s OMPF. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s naval record be corrected by removing the Page 11 counseling entry at enclosure (2), and any duplicate copies of the entry. Petitioner shall be allowed to submit for inclusion into her OMPF, a rebuttal to enclosure (3), her 29 June 2018 Page 11 counseling entry. If Petitioner elects to submit a rebuttal, it must be in compliance with reference (b) and received by Headquarters, Marine Corps (MMRP) within 60 days of receipt of this letter. Petitioner’s naval record be corrected by removing all duplicate copies of the Page 11 counseling entries at enclosures (3) and (4). 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. That no further relief be granted. 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. 6/21/2021 Executive Director