DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2614-16 DEC 12 2016 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Case summary w/attachments (3) HQMC Memo 1070 MIQ dtd 1Jul16 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his record be corrected by removing his Administrative Remarks 6105 Page 11 entry dated 5 February 2016 from his record. This request includes, but is not limited to, removal ofall references to the Page 11 entries from his Official Military Personnel File (OMPF), the Marine Corps Total Force System (MCTFS), and his Electronic Service Record (ESR). Enclosures (1) through ( 4) apply. Enclosures (1) through (3) apply. 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 9 September 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 enclosure (3) the advisory opinion (AO) furnished by the Headquarters Marine Corps (HQMC) Manpower Information Quality (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 ofthe Navy. b. Enclosure (3), states, in part, that the Page 11 entry was written in accordance with Marine Corps directives. Petitioner submitted evidence that he made a family support payment in the amount of $2697.00, over and above the required amount, the day prior to 1 February 2016. The Petitioner later made another payment in the amount of$699.00 following the date he received a page 11. It was recommended that her request to have the entry removed from her OMPF and ESR be disapproved. c. Petitioner states, that the entry is unjust because not only he made a family support payment over and above the day prior to the required date but he also made an additional payment. CONCLUSION: Upon review and consideration ofall the evidence of record, and especially in light ofthe Petitioner's evidence ofpayments via family housing payment ledger, deductions identified in his leave and earning statements, and money order receipts, the Board concludes that Petitioner's request warrants relief. See enclosure (1 ). In reaching its conclusion, and despite the AO furnished by HQMC MIQ, the Board concludes that Petitioner's request warrants relief even through the Page 11 entry was written in accordance with Marine Corps directives. See enclosure (2). In view of the foregoing, the Board recommends the following corrective action: RECOMMENDATION: a. That Petitioner's naval record be corrected by removing his Page 11 counseling entry dated 5 February 2016 regarding him willfully disobeying a superior commissioned officer from his ESR andOMPF. 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 ofthe Board for Correction ofNaval Records (32 Code ofFederal Regulations, Section 723.6(c)) it is. certified that quorum was present at the Board's review and deliberations, and that the foregoing is ~true and complete record ofthe Board's proceedings in the above itled matter. 5. The foregoing action ofthe Board is submitted for your review and action. Executive Director