DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 11155-161

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

Ref: (a) 10 U.S.C. §1552 
Encl: (1) DD Form 149 with attachment 
(2) Subject's naval record (excerpt) 
(3) Petitioner's undated and unsigned rebuttal statement 

1. Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting removal from his official military personnel file (OMPF) the Administrative Remarks (Page 11 ) entry issued on 26 April 2011. Enclosures (1) through (3) apply.

2. The Board, consisting of [NAMES REDACTED], reviewed Petitioner's allegations of error and injustice on 9 June 2017, 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 ofthe enclosures, 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 received a Page 11 retention warning entry documenting his failure to conduct himself as a leader and staff noncommission officer. He was advised ofrecommended corrective action and available assistance and warned that failure to adhere to the counseling/warning may be grounds for administrative separation action. Petitioner signed the entry and it appears that he chose to submit a rebuttal statement. However, no rebuttal statement was entered into his official military personnel file (OMPF). 

d. Petitioner contended that the Page 11 entry is unjust because the rebuttal statement he provided to his Sergeant Major at the time of counseling and within the allotted time, was not entered into his OMPF. Petitioner submitted with his application an unsigned and undated copy of the rebuttal statement he asserts was submitted in response to his Page 11 retention/warning entry. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, the Board concluded that Petitioner's request warrants partial relief. In this regard, the Board determined that the Page 11 retention/warning entry shall remain in his OMPF. However, the Board concluded that it is unjust that his rebuttal statement was not entered into his OMPF, although it was submitted to his Sergeant Major within the allotted time and he should be allowed to enter it now. 

In view of the foregoing the Board directs the following corrective action. 

RECOMMENDATION 

Petitioner be allowed to sign and submit for inclusion into his OMPF, his rebuttal statement (see enclosure (3)) to the Page 11 retention warning entry that was issued on 26 April 2011, within 60 days from the date ofthis letter. 
That no further relief be granted. 

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 ofNaval 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