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   XXX XX  USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552  
      (b) MCO P1070.12K W/CH 1 (IRAM) 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (Page 11) entry of 10 Jun 19 
      (3) Fitness Report for the reporting period 30 May 19 to 20 Jun 19 
 
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 her naval record be corrected by removing an Administrative Remarks (Page 11) counseling and her  fitness report for the reporting period 30 May 2019 to 20 June 2019. 
                                              
2.  The Board, consisting of Ms. , Mr. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 10 September 2021, and pursuant to its regulations, determined 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 entry, on 10 June 2019 stating she had been relieved for cause from drill instructor duty due to loss of trust and confidence and her 0911 Military Occupational Specialty had been voided.  The entry was signed by Petitioner and the commanding officer but Petitioner was not provided an opportunity to submit a rebuttal to the adverse Page 11 entry. 
 
     c.  Reference (b) requires the Marine reported on to have the opportunity to “contest, explain, or rebut” adverse material before it is inserted into the individual’s Official Military Personnel File (OMPF).   
 
     d.  Petitioner was issued enclosure (3), a transfer fitness report for the reporting period 30 May 2019 to 20 June 2019.  Although it was a non-observed report due to insufficient observation time, the report contains directed comments referencing enclosure (2). 
 
     e.  Petitioner contends she had been diagnosed with major depressive disorder after an emergency hospitalization and was very early into her six-month limited duty period when the command initiated relief for cause procedures.  She contends her medical disorder, which led to her limited duty and subsequent relief for cause, should not “be a factor which should end my career.”   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief. The Board, noting the requirements of reference (b), deemed the entry invalid because Petitioner had not been afforded the opportunity to contest, explain, or rebut enclosure (2), the derogatory Page 11 entry stating she had been relieved for cause.  The Board concluded the contested Page 11 should be removed from Petitioner’s OMPF.   
 
Ordinarily, the Board would require Petitioner exhaust her administrative remedies by requesting removal of the fitness report at enclosure (3) by the Performance Evaluation Review Board but, the Board noted the non-observed report was based solely on the Page 11 and concluded the report should be removed without additional delay.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the 10 June 2019 Page 11 entry.  
 
Petitioner’s naval record be corrected by removing enclosure (3), her fitness report for the reporting period 30 May 2019 to 20 June 2019.     
 
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.                         

10/1/2021
Executive Director