DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USMCR Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Administrative Remarks NAVMC 118(11) of 10 Oct 03 (3) Annual Retirement Credit Record 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 10 October 2003 Administrative Remarks (page 11) counseling entry. 2. The Board reviewed Petitioner's allegations of error and injustice on 15 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 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 10 October 2003, Petitioner was issued enclosure (2), a page 11 entry counseling him for being in an unauthorized absence status on 13 September 2003. Petitioner also received an entry on 10 October 2003 not recommending Petitioner for promotion until he achieves satisfactory drill status. b. Petitioner contends that he was never in an unauthorized status from a scheduled drill weekend. Petitioner also contends that the page 11 entry is in error, according to the Marine Corps Individual Records and Administration Manual (IRAM), he was not afforded the opportunity to acknowledge the entry or to provide a statement in rebuttal to the entry. As evidence, Petitioner furnished enclosure (3), his Annual Retirement Credit Record that indicates that he earned two points for a reserve drill conducted on 14 September 2003. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority finds the existence of an error warranting corrective action. In this regard, the majority noted that according to the IRAM, for an entry concerning misconduct or substandard performance, the Marine will acknowledge (sign) the counseling entry and the entry must afford the Marine an opportunity to submit a rebuttal. The Board determined that Petitioner’s contested page 11 entry was not written and issued according to the IRAM. Specifically, the page 11 entry does not contain Petitioner’s signature nor his election to submit a rebuttal. Accordingly, the majority determined that Petitioner’s 10 October 2003 page 11 entries should be removed. MAJORITY RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 10 October 2003 Administrative Remarks counseling entries (UA from scheduled drills and not recommended for promotion until achieving a satisfactory drill status). MINORITY CONCLUSION Upon review and consideration of all the evidence of record, the minority did not find the existence of an error warranting corrective action. In this regard, the minority noted that Petitioner’s contested page 11 entry was in error however, the minority determined that Petitioner failed to provide evidence of any actions taken to correct the error. The minority determined that Petitioner’s 10 October 2003 page 11 entries should be retained as filed. MINORITY RECOMMENDATION No change 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. The foregoing action of the Board is submitted for your review and action. 6/28/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Majority Recommendation (Grant Relief) 7/13/2021 Assistant General Counsel (M&RA) Signed by: