DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4052-17 JUN 27 2017 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Subject's naval record (excerpts) (3) HQMC memo 1070 MIQ dtd 12 Jun 17 1. Pursuant to the provisions ofreference (a), Petitioner, filed enclosure (1) with this Board requesting removal from his record, an Administrative Remarks (Page 11) entry dated 29 October 2004, that he received for failing to maintain Marine Corps body composition standards. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 23 June 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 ofthe enclosures, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by Headquarters, Marine Corps (MIQ) dated 23 March 2017. 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, it is in the interest ofjustice to waive the statute of limitations and review the application on its merits. c. Petitioner was issued an Administrative Remarks (Page 11) entry, dated 29 October 2004, for failing to maintain Marine Corps body composition standards (encl (2) ). In his application, Petitioner argued that he was erroneously assigned to the Body Composition Program (BCP). In support of his application, Petitioner submitted a letter from his medical doctor, who reviewed available medical records, and verified the there is no indication that he was evaluated by a medical provider for placement in the program. d. The AO (encl (3)) recommended Petitioner's request be granted. Specifically, the Page 11 entry is in error because there is no record ofPetitioner ever being evaluated for the BCP. Additionally, there is no remark in his Marine Corps Total Force System record indicating that he was ever officially placed on the BCP. CONCLUSION: Upon review and consideration ofall the evidence of record, the Board concluded that Petitioner's request warrants relief by removing the Page 11 entry dated 29 October 2004. In this regard, the Board noted the Petitioner's medical doctor reviewed his medical record and found no indication that he was ever evaluated by a medical provider for placement into the BCP. Further, the Board significantly concurred with AO comments and recommendation that the Page 11 entry was issued in error, and should be removed from Petitioner's OMPF. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected by removing from his OMPF the Page 11 counseling entry, dated 29 October 2004, that he received for failing to maintain Marine Corps body composition standards. 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 revieTand deliberations, and that the foregoing is a true and complete record ofthe Board's procedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6( e) ofthe 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 of the Navy. Executive Director