DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7237-17 DEC 27 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD , Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Administrative Remarks (Page 1116105) Counseling of 1. Pursuant to the provisions ofreference (a), Petitioner, an filed enclosure (1) with this Board requesting the removal ofhis Administrative Remarks (Page 11) counseling entry dated , from his Official Military Personnel File (OMPF). Enclosures (1) and (2) apply. 2. The Board, consisting of reviewed the Petitioner's allegations oferror and injustice on 25 October 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 Petitioner's application, together with all material submitted in support thereof, relevant portions ofthe Petitioner's naval record 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. On , the Petitioner signed a Page 11 counseling which stated in part, that the Petitioner was being counseled concerning the following deficiency: Conducted actions consistent with malingering while completing his recertification for the HQMC Special Duty Assignment Screening Team. Specifically, in that on he admitted to presenting a medical disqualification to competent authorities as a means to avoid competing training and duty. See Enclosure (2). d. Petitioner contends that the Page 1116105 was issued based on a statement made by another Marine who was not informed or privy to his personal medical situation and misinterpreted something that he said during a hallway conversation. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concluded that Petitioner's request warrants favorable action. In reaching its conclusion, the Board after careful consideration ofthe Petitioner's record, concluded that even though the Page 1116105 counseling entry is valid and written in accordance with Marine Corps directive, the Board determined that the Page 11 is an injustice and therefore, the removal ofthe Page 11/6105 from the Petitioner's naval record should be granted. In view ofthe foregoing, the Board recommends the following corrective action: RECOMMENDATION: Petitioner's naval record be corrected by removing enclosure (2) 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 of authority set out in Section 6( e) ofthe revised Procedures ofthe 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 behalf ofthe Secretary ofthe Navy. Executive director