DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 

Docket No: 6373-20 

Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 

Ref:  (a) Title 10 U.S.C. § 1552 
Encl: (1) DD Form 149 w/attachments 
      (2) Administrative Remarks NAVMC 118(11) of 27 Jan 20
      (3) Administrative Action NAVMC 10274 of 10 Apr 20 
      (4) HQMC memo 1070 Sect of 24 Sep 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 her naval record be corrected by removing her 27 January 2020 Administrative Remarks (page 11) entry. 

2. The Board reviewed Petitioner's allegations of error and injustice on 6 July 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 


a. On 27 January 2020, enclosure (2), Petitioner acknowledged a page 11 entry documenting her request to resign her commission in the Marine Corps active component, effective 30 June 2020 and her desire to accept a commission in the Marine Corps Reserve. 

b. On 10 April 2020, enclosure (3), Petitioner submitted an Administrative Action form requesting to withdraw her resignation request.  Petitioner’s request was subsequently approved and she remained on active duty. 

c. Petitioner contends that the page 11 entry should be removed because she is no longer separating from active duty. 

d. The advisory opinion (AO) recommended that Petitioner’s page 11 entry remain on file.  The AO noted that Petitioner’s page 11 entry appropriately documented her request for resignation according the Marine Corps Individual Records Administration Manual. The AO determined that Petitioner’s request forms an essential part of her military history that is not recorded elsewhere. 
 
CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  In this regard, contrary to the AO, the Board determined that because Petitioner was retained on active duty, her page 11 entry is unnecessary and should no longer be considered a matter forming an essential part of her record. The Board also determined that Petitioner’s page 11 entry is of no use to future commanders and promotion boards. Accordingly, Petitioner’s 27 January 2020 page 11 entry should be removed.  

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 
Petitioner’s naval record be corrected by removing her 27 January 2020 Administrative Remarks page 11 entry. 
Once the page 11 entry is removed, this letter will not be filed in Petitioner official record or any other system of record, which may note said 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. The foregoing action of the Board is submitted for your review and action. 


7/22/2021 

Executive Director
  

Assistant General Counsel (Manpower and Reserve Affairs) 
Reviewed and Approved Board Recommendation (Grant Relief) 


8/17/2021 

Assistant General Counsel (M&RA)