DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8934-17 MAR 04 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. Section 1552 Encl: (1) DD Form 149 (2) NAVMC 118( 11) Counseling dtd 15 October 2013 with rebuttal dtd 17 Oct 13 (3) Advocacy Letter dated 28 September 2017 (4) Advocacy Letter dated 12 October 2017 (5) Advocacy Letter dated 16 October 2017 1. Pursuant to the provisions of reference (a), Petitioner, a staff non-commissioned officer in the Marine Corps, filed enclosure (1) with this Board requesting his record be corrected by removing the NAVMC 118(11) counseling entry dated 15 October 2013. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 25 September 2018, 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, relevant portions of the naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record 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. On 24 September 2013, Petitioner was directed by the Staff Non-Commissioned Officer-in- Charge (SNCOIC) of the postal office to prepare a charge sheet in preparation to punish a Marine for misconduct. Petitioner contends he was not able to complete the charge sheet before departing on leave to attend the funeral of a family member. Prior to his departure, Petitioner states he asked another Marine to complete the charge sheet. While on leave, Petitioner was contacted regarding the status of the charge sheet. Petitioner responded via text message informing the SNCOIC of the name ofthe Marines who agreed to complete the charge sheet on his behalf. c. On 2 October 2013, Petitioner returned from leave and encountered another family emergency for which he made a request to the SNCOIC for additional time off. Petitioner contends the SNCOIC's responded by saying "SSgt you didn't complete the charge sheet like I asked before you went on leave but now you want something from us" and "SSgt you didn't scratch our back, so we aren't going to scratch yours." d. During a meeting with the Postal Officer and the SNCOIC on the same day, Petitioner contends the SNCOIC began laughing as he attempted to explain the circumstances of his grandmother's illness and the death of a family member. Petitioner responded by stating "I am tired of him belittling me and taking me as a joke" and "do you think my situation is funny?" e. At the close of the meeting with the Postal Officer and SNCOIC, Petitioner submitted a NAVMC 11296 Request Mast Form to the Commanding Officer. On 15 October 2013 Petitioner was issued enclosure (2), a page 11 counseling for insubordinate conduct toward a staff non-commissioned officer (SNCO), and failure to obey an order or regulation by failing to complete a task as directed. f. The advocacy letters at enclosures (3) and (4) opined that the Postal Officer's and SNCOIC's actions created and fostered a hostile work environment void of compassion for the Marines. Another advocacy letter, at enclosure (5) further expounds upon the numerous complaints received by his office with reference to the working environment at the post office in addition to numerous request for assistance. During August 2015 a command investigation was ordered after two postal officers and a SNCO filed Equal Opportunity complaints against the Postal Officer and SNCOIC for unfair treatment, lack of professionalism, ethics violations, favoritism and possible sexual misconduct. The Commanding Officer, Marine Corps Installations- (MCI- ) ordered a command climate survey that ultimately resulted in the relief of the Postal Officer during January 2016. CONCLUSION Upon review and consideration of all the evidence of record the Board finds the existence of an injustice warranting relief. In this regard, the Board noted that Petitioner was subjected to a hostile and unsympathetic work environment. A pattern of poor leadership and unfair treatment was evident in the relief of the Postal Officer and further substantiated by the discontentment amongst personnel expressed through numerous complaints submitted to the G-1, MCI- requesting assistance and relief from a toxic situation. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing enclosure (2), the NAVMC 118(11) counseling entry dated 15 October 2013 and rebuttal dated 17 October 2013. Any material or entries inconsistent with or relating to the Board's recommendation be corrected, removed or completely expunged from Petitioner's record, that no such entries or material be added to the record in the future. This includes but is not limited to all information systems/data base entries which reference and/or discuss the material being expunged. 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) of the revised Procedures of the Board for Correction of Naval 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 of the Secretary ofthe Navy. Executive Director