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

Docket No. 2139-16  

From:  Chairman, Board for Correction of Naval Records  
To:  Secretary of the  Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  


Ref: (a) Title 10 U.S.C. 1552 
Encl : (1) DD Form 149 w/attachments 
(2) NAVMC I18(11), Administrative Remarks, (Page 11) of30 Nov 10 
(3) Petitioner's rebuttal statement dated 2 Dec I 0 
(4) HQMC memo 1610 MMRP-13/PERB of 23 Aug 11 


1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Maine Corps, filed enclosure (1) with this Board requesting, in effect, that her fitness report for the period 20100406 to 20101213 and her Administrative Remarks (Page 11) dated 20101130, be removed from her Official Military Personnel File (OMPF). Additionally, she's requesting that should she not be selected by the FYl 7 Major Selection Board, that the Failure of Selection be removed and her date of rank be adjusted accordingly. Enclosures (2) through (4) apply. 

2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 7 April 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 of the 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 ofthe avy. 

b. On 30 ovember 2010, Petitioner received a Page 11 counseling for loss of confidence and trust in her ability to fulfil her duties as a commissioned officer in an honorable manner. The Page 11 also stated that Petitioner failed to obey an order or regulation on three occasions. See enclosure (2). 

c. Petitioner received an adverse DC fitness report for the period 20100406 to 20101213. The reviewing senior (RS) commented to the fact that "on 16 November 2010, MRO violated MCO 6100. 13 while conducting the Combat Fitness Test (CFT) buy allowing herself and six 
Marines on her team carry another Marine who only weighed 94 pounds. At the time ofthe CFT, the Marine weighed 130 pounds. The reviewing officer (RO) concurred with the RS 's decision to relief Petitioner of her duties as series commander. He further states that she "cannot be trusted to properly lead and supervise United States Marines, and I do not believe she well and faithfully discharged the duties as a series commander and officer." Petitioner provided rebuttal to the fitness report. See enclosure (3). 

d. Petitioner submitted an undated request to the Performance Evaluation Review Board (PERB), requesting to have her fitness report for the period 20100406 to 20101213 removed from her Official Military Personnel File and her Master Brief Sheet. PERB's response of 23 August 201 1 is that the "contested fitness report covering the period 20100406 to 201012 13 
(DC) should remain a part of official military record." 

e. On 30 March 2011, BCNR received Petitioner's case requesting that her fitness report 20100406 to 20101213 (DC) and Master Brief Sheet. On 18 October 2011 , a letter was sent to Petitioner informing her that her petition had been denied. 

f. In correspondence attached as enclosure (3), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has merit and warrants favorable action. 


CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents ofenclosure (3), the Board finds the existence of an injustice warranting the following partial corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected, where appropriate, to show that: 

The following language "Failure to take corrective action and any further violation of the UCMJ may result in judicial or adverse administrative action, including but not limited to administrative separation or limitation on further service" be redacted from Petitioner's Page 11 counseling entry dated 30 November 2010. However, the removal of the Page 11 counseling is denied. 

4. It is certified that a quorum was presented 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 of authority set out in Section 6(e) of the revised Procedures of the Board for Correction ofNaval Records (32 Code of Federal Regulations, 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