DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON. VA 22204-2490 JMP Docket No: 7398-16 MAY 22 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Case summary (3) Administrative Remarks (Page 11) entry dated 15_Mar 05 (4) MIQ letter dtd 16 Feb 2017 1. Pursuant to the provisions ofreference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting the removal ofan Administrative Remarks (Page 11) 6105 counseling entry dated 15 March 2005, belonging to another Marine, from his Electronic Service Record (ESR). Enclosures (1) through (4) apply. 2. The Board, consisting of feviewed Petitioner's allegations oferror and injustice on 16 March 2017, 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 ( 4). Regarding his request for a personal appearance, the Board determined a personal appearance was not necessary and considered his case based on the evidence ofrecord. 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. On 15 March 2005, a Page 11, 6105 counseling entry was uploaded to Petitioner's ESR. The Page 11 entry stated, in part that Petitioner was ineligible for promotion because ofa pending court-martial. However, the entry was intended for another Marine. c. Enclosure ( 4), an advisory opinion by Headquarters Marine Corps states, in part, that the page 11 entry in question was erroneously uploaded to Petitioner's ESR. The entry should have ;been uploaded into another Marine's ESR, and recommends the removal ofthe entry from Petitioner's ESR. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, and especially in light ofenclosure (4), the Board concludes Petitioner's request warrants favorable action. The Board concludes the Page 11 counseling entry dated.IS March 2005, be redacted from Petitioner's, and the remaining entries remain a part ofhis ESR. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected by redacting the Page U counseling entry dated 15 March 2005 belonging to another Marine, and the remaining entries remain a part ofhis record. 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 ofthe Board's proceedings in.the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe 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 ofreference (a), has been approved by the Board on behalfofthe Secretary ofthe Navy. Executive Director