DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, Suite 1001 
ARLINGTON, VA 22204 
 
Docket No. 7996-16 
DEC 20 2017 

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

Subj: REVIEW OF NAVAL RECORD ICO SERGEANT 

Ref: (a) Title 10 U.S.C. § 1552 

Encl: (1) DD Form 149 
(2) Administrative Remarks (Page 11), undtd 
(3) Completion Certificate dtd 20 Aug 12 
(4) HQMC memo 1070 MIQ of 10 Mar 17 

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed 
enclosure (1) with this Board requesting that that an Administrative Remarks (Page 11) 
promotion restriction counseling entry be removed from his official military personnel file 
(OMPF). 

2. The Board, consisting of , reviewed Petitioner's , and 
allegations of error and injustice on 25 August 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, relevant portions of 
Petitioner's naval records, and applicable statutes, regulations and policies. The Board also 
considered the advisory opinion (AO) provided by Headquarters, Marine Corps (MIQ). 
Enclosures (1) through (4) apply. 

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. Per Marine Corps policy, in order to be eligible for promotion to 
must meet the eight months time-in-grade and 12 months time-in-service 
requirement by the end ofthe promotion quarter, and must also have completed the required 
Professional Military Education. The promotion eligibility and recommendation is determined 
no later than the 15th ofthe month prior to the promotion month. Additionally, per Marine 
Corps Policy, a Page 11 promotion restriction entry is required when a Marine is eligible but not 
recommended for promotion. 

c. Petitioner's was issued a Page 11 promotion restriction entry, stating in part, that he was 
"eligible but not recommended for promotion to for the September 2012 promotion period 
due to not completing Leading Marines MCI." See enclosure (2). 

d. Petitioner contended that because the Page 11 entry is not signed by his Commanding 
Officer and it is not dated, it is not an official document. Further, he completed the Leading 
Marines Distance Education Program course on 20 August 2012. See enclosures (2) and (3). 

e. The AO provided at enclosure ( 4), opined that Petitioner's request is without merit. 
Specifically, the Page 11 entry was written in accordance with Marine Corps policy because he 
did not have the required PME course completed in time to be recommended for promotion on 
1 September 2012. Although Petitioner completed the course prior to 1 September 2012, he did 
not have the course completed prior to 15 August 2012, which would have been when the nonrecommendations 
for promotions were due. Further, Petitioner was properly counseled and 
informed that he was eligible but not recommended for promotion. 

CONCLUSION 

Upon review and consideration of all the evidence of record, notwithstanding the comments 
contained in enclosure ( 4 ), the Board concluded that Petitioner's request warrants favorable 
action. The Board noted that the Commanding Officer's failure to sign a non-recommendation 
entry indicates that he did not exercise reasonable care in making a decision. Further, his 
Commanding Officer had the ability to consider Petitioner's completion ofPME before the 
promotion period, but shortly after discretionary cut-off date. Therefore, the Board found that 
under these circumstances relief is warranted. 

RECOMMENDATION 

In view of the foregoing, the Board finds the existence ofan error and injustice warranting the 
following corrective action. 

Petitioner's naval record be corrected by removing the undated Page 11 entry at enclosure (2), 
from his OMPF. 

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 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