DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2020-17 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. §1552 (b) MC Bui 1020 Encl: (1) DD Form 149 with attachments (2) Subject's naval record (excerpts) (3) Administrative Counseling (Page 11) dtd 29 Jun 16 (Reads "Is not in compliance") (4) Administrative Counseling (Page 11) dtd 29 Jun 16 (Reads "Is in compliance") (5) Email from dtd 24 May 17 1. Pursuant to the provisions ofreference (a), Petitioner, an enlisted member ofthe Marine Corps, filed enclosure ( 1) with this Board requesting to remove his "in compliance" Administrative Remarks (Page 11) counseling entry dated 29 June 2016, regarding his tattoo, from his Official Military Personnel File (OMPF). Enclosures (2) through (5) apply. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 31 May 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 of the Navy. b. Enclosure ( 1) was filed in a timely manner. c. Petitioner received a Page 11 counseling entry dated 29 June 2016, with the intent to grandfather current tattoos through the current Marine Corps Tattoo Policy per enclosure (3). The Page 11 reads: "you currently have a tattoo located on your right forearm left lower arm which is not in compliance with the current tattoo policy". The Petitioner's Page 11 entry dated 29 June 2017, was written per the Marine Corps Bulletin 1020 per reference (b ). d. Petitioner received a Page 11 counseling entry dated 29 June 2016, with the intent to be in compliance with the current Marine Corps Tattoo Policy per enclosure (4). The Page 11 counseling entry reads: "you currently have a tattoo located on your right forearm left lower arm which is in compliance with the current tattoo policy." The Petitioner' s Page 11 counseling entry was not written per the Marine Corps Bulletin 1020 per reference (b ). CONCLUSION: Upon review and consideration ofall the evidence of record, the Board concluded that Petitioner' s request warrants relief in the form of removing the "is in compliance" Page 11 counseling entry dated 29 June 2016, per enclosures (3) and (4). The Petitioner's command issued a second Page 11 counseling entry to show that the Petitioner' s tattoo was "in compliance" vice "not in compliance" with the current Marine Corps Tattoo Policy. However, the language utilized on the Page 11 counseling entry was not written in accordance with Marine Corps Bulletin 1020. Therefore, the Page 11 entry dated 29 June 2016, which states that the tattoo "is in compliance" is incorrect. The Page 11 counseling which states that the tattoo "is not in compliance" was written in accordance with the current Marine Corps Tattoo Policy. In view of the above, the Board directs the following corrective action. RECOMMENDATION: Petitioner' s naval record be corrected by removing the Page 11 counseling entry dated 29 June 2016, that states his tattoo "is in compliance" from his OMPF. All duplications ofAdministrative Remarks relating to the topic in dispute be removed from the Petitioner' s OMPF. 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 behalfof the Secretary of the Navy. Executive Director