pEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204·2490 Docket No: 1046-16 MAY 27 2016 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 u.s.c. 1552 Encl: (1) DD Form 149 with attachments (2) Case Summary (3) HQMC MIQ memo dated 8 Apr 16 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, tha:t his record be corrected by removing an Administrative Remarks (Page 11) entry dated 8 September 2015, regarding him being eligible but not recommended for promotion to Corporal for the month of October 2015 be removed from his Electronic Service Record (ESR) and Official Military Personnel File (OMPF) . Enclosures (1) through (3) apply. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 6 May 2016 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, naval records, and applicable statutes, regulations and policies. In addition, the Board considered enclosure (3) an advisory opinion provided by Headquarters Marine Corps (MIQ) . 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. Enclosure (3) recommends that the Page 11 entry be removed from Petitioner's ESR. It states, in part, that the counseling was not written in accordance with Marine Corps directives and is unjust. Specifically, Petitioner was not given an opportunity to sign the entry as required. After the counseling, it was determined that he completed the LCpl seminar in May 2015. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board concludes that Petitioner's request warrants relief. The Board concurs with enclosure (3) in that the Page 11 counseling entry be removed from his ESR and OMPF. In view of the above, the Board recommends the following corrective action. RECOMMENDATION: a. That Petitioner's naval record be corrected by removing the Page 11 entry dated 8 September 2015 from his ESR and OMPF. b. 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. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6{c) 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. Executive Director