DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204·2490 

Docket No: 105-16 
AUG 23 2016 

From: Chairman, Board for Correction ofNaval 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 JPL memo dated 26 Mayl6 
(4) HQMC MIQ memo dated 24 Jun 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, that his record be corrected by 
removing two Administrative Remarks (Page 11) counseling dated 11 and 15 February 2014, 
regarding him being on promotion restriction while under investigation from his Official Military 
Personnel File (OMPF) and Electronic Service Record (ESR). Enclosures (1) through (4) apply. 

2. The Board, consisting of  , reviewed Petitioner's 
allegations oferror and injustice on 19 July 2016 and, pursuant to its regulations, determined that 
the corrective action indicated below should be taken on the available evidence ofrecord. 
Documentary material considered by the Board consisted ofthe enclosures, naval records, and 
applicable statutes, regulations and policies. In addition, the Board considered enclosures (3) and 
(4) advisory opinions provided by Headquarters Marine Corps (JPL) and (MIQ). 

3. The Board, having reviewed all the facts ofrecord 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 states, in part, that the allegations were false, and the investigation found that the 
pending charges were unsubstantiated. He feels that the promotion restriction entry should have been 
removed, and the follow-up entry regarding the results should be removed from his OMPF. 

c. Enclosure (3) recommends that the Page 11 counseling's be removed from Petitioner's 
OMPF. It states, in part, that on 11February2014, Petitioner's was informed he was not eligible 
for promotion to sergeant due to pending legal action. On 15 February 2014, he received a 
second Page 11 entry informing him that the investigation had been closed and the pending 
charges were found to be unsubstantiated. It also stated he was no longer in a promotion 
restricted status. When pending legal action forming the basis for a Marine's restricted 
promotion status is determined to be unsubstantiated, a Page 11 notifying a Marine of his 
restricted promotion status is no longer ofuse to any future commanders, and its inclusion in the 
record constitutes an injustice. 

d. Enclosure ( 4) recommends that although the entry was written in accordance with Marine 
Corps directives, both are unjust. Specifically, although he was informed he was eligible but not 
recommended for promotion due to pending legal action, the second Page 11 entry was a counter 
entry informing him that his investigation found the charges were unsubstantiated. Both entries 
are to no use to future commanders. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light of enclosures 
(3) and (4), the Board concludes that Petitioner's request warrants relief. The Board concurs with 
enclosures (3) and (4), to remove the entries from Petitioner's OMPF and ESR. In view ofthe 
above, the Board recommends the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected by removing the Page 11 counseling entries 
dated 11and15 February 2014 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) ofthe revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code ofFederal 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6( e) of the revised Procedures of the 
Board for Correction ofNaval Records (32 Code ofFederal 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 
behalfofthe Secretary ofthe Navy. 

Sincerely, 


Executive Director