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

Docket No: 5078-16 
MAR 03 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Ref: (a) 10 U.S.C. 1552 
(b) MARADMIN 029/10 
Encl: (1) DD Form 149 
(2) Case summary 
(3) Administrative Remarks (Page 11) entry dated 7 May 13 

1. Pursuant to the provisions ofreference (a), Petitioner, an enlisted member ofthe Marine Corps, filed enclosure (1) with this Board requesting removal from his record, the Page 11 entry dated 7 May 2013. Enclosures (1) through (3) apply. 

2.  The Board consisting of, reviewed Petitioner's allegations oferror and injustice on 17 February 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 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. Although enclosure (1) was not filed in a timely manner, the Board found it in the interest ofjustice to waive the statute oflimitations and consider his application on its merits. 

c. Petitioner's Official Military Personnel File (OMPF) includes a Page 11 counseling entry dated 7 May 2013. The counseling was issued for a violation of Article 92 ofthe Uniform Code of Military Justice (UCMJ). The social security number typed on the Page 11 form is that of the Petitioner. However, the typed name on the form is that of another Marine, and the counseling entry is signed by the other Marine. 

d. Petitioner contends that the counseling was issued to another Marine and that previous attempts to have the entry removed from his OMPF have been unsuccessful. 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request warrants relief by removing the Page 11 entry dated 7 May 2013. ln this regard, the Board noted that the social security number typed on the Page 11 form is that ofthe Petitioner. However, the typed name on the form is that ofanother Marine, and the counseling entry is signed by the other Marine. The Board concluded that the Page 11 entry inserted into Petitioner's OMPF is an administrative error. 
In view of the above, the Board directs the following corrective action. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected by removing the Page 11 entry dated 7 May 2013, issued for another Marine's violation of Article 92 of the UCMJ. 

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. 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 ofauthority 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 ofthe Secretary ofthe Navy. 


Executive Director