DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3108-17 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy. Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. §1552 (b) MC Bul 1020 Encl: (1)DD Form 149 with attachments (2) Subject's naval record (excerpts) (3) NAVMC 118(11) of21Mar16 (4) Petitioner's Rebuttal Statement (5) NAVMC 118(11) of 1 Sep 16 (6) ltr 1000/6 AOPS of 14 Mar 17 1. Pursuant to the provisions ofreference (a), Petitioner, an filed enclosure (1) with this Board requesting removal of an Administrative Remarks ( 6105) entry dated 21 March 2016 and a non-dated rebuttal statement from his Official Military Personnel File (OMPF). 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 21April2017, 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 ofenclosures (1) through ( 6), 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. Enclosure (1) was filed in a timely manner. c. Petitioner received an Administrative Remarks (6105) entry dated 21March2016 for violation ofArticle 92 ofthe Uniform Code ofMilitary Justice (UCMJ), enclosure (3). The Administrative Remarks (6105) entry states the Petitioner violated the Marine Corps Tattoo Policy which governed the tattoo guidelines during that timeframe. The Petitioner's command believed the Tattoo in question violated the Marine Corps Tattoo Policy. d. Petitioner provided a statement with the intent to rebut the Administrative Remarks ( 6105) entry dated 21March2016, enclosure (4). The Petitioner states his tattoo in question was obtained in 2010. Furthermore, the Petitioner states his tattoo was grandfathered prior to receiving the Administrative Remarks (6105) and that it was never placed into his OMPF. e. Petitioner received an Administrative Remarks entry dated 1 September 2016 in order to document and grandfather his tattoo through the current Marine Corps Tattoo Policy, enclosure (5). The Petitioner's tattoos were appropriately documented based on the current Marine Corps Tattoo Policy in accordance with reference (b ). f. The Petitioner's former Company Commander who issued the Administrative Remarks entry dated 21 March 2016 states he issued the 6105 with the intent to ensure the Petitioner was in compliance with the prior Marine Corps Tattoo Policy, enclosure (6). CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concluded that Petitioner's request warrants relief in the form ofremoving the Administrative Remarks (6105) entry dated 21March2016 and the non-dated rebuttal statement from Petitioner's OMPF. The Board determined the Petitioner was in compliance with the Marine Corps Tattoo Policy by the Administrative Remarks entry dated 1 September 2016. Additionally, the Petitioner's former Company Commander provided a letter to the Board explaining that he intended to assist the Petitioner with compliance with the Marine Corps Tattoo Policy not to place adverse material in Petitioner's OMPF. The Board concludes that Petitioner's request warrants full relief. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: a. That Petitioner's naval record be corrected by removing Administrative Remarks ( 6105) entry dated 21 March 2016 from Petitioner's OMPF. b. That Petitioner's naval record be corrected by removing the non-dated rebuttal statement to the 6105 entry from Petitioner's OMPF. c. That all duplications ofthe Administrative Remarks or rebuttal statement 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 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