DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3447-18 AUG 19 2019 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD lCO XXX XX USMC Ref: (a) 10 U.S.C. § 1552 (b) MCO P1080.40C (MTFS PRIM) (c) MARADMIN 680/11 (d) MCO P1070.12K (IRAM) Encl: (1) DD Form 149 w/attachments (2) NAVMC 118(11) Administrative Remarks page (3) HQMC Memo 1000 MMRP of 18 Jan 19 1. Pursuant to the provisions ofreference (a), Petitioner, a former non-commissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting the removal from his Official Military Personnel File (OMPF) ofseveral documents and counseling entries. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 4 June 2019 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, relevant portions of Petitioner's naval records, and applicable statutes, regulations, and policies, as well as the enclosed 18 January 2019 advisory opinion (AO) furnished by Headquarter, U.S. Marine Corps (HQMC) (MMRP). 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 regulation within the Department ofthe Navy. b. Petitioner contends that documents in his OMPF are not properly filed. In particular, he contends that his record contains documents that are not appropriate for disclosure from a third party who is seeking verification ofhis military service records; that documents in his record violate the Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA); that administrative counseling documents requiring his signature are unsigned; and that such he entries were made erroneously and without his knowledge. c. Petitioner's OMPF contains enclosure (2), a NAVMC 118(11), which contains entries dated 1 July 2009 and 8 April 2010 counseling Petitioner that he was eligible but not recommended for promotion to corporal. d. On 18 January 2019, the office having cognizance over Marine Corps records, MMRP, submitted the advisory opinion at enclosure (3). MMRP advised that reference (b) provides a list ofdocuments authorized to be filed in a Marine's OMPF. In accordance with reference (c), documents are added to a Marine's OMPF at their first Permanent Duty Station (PDS). In this case, documents were added on multiple occasions prior to Petitioner's arrival at his first PDS. Additionally, during his second enlistment, documents used to determine Petitioner's eligibility to enlist were erroneously uploaded to his OMPF. The AO recommended removal of the following documents: Social Security Card/Birth Certificate; DD Form 2807-1; DD Form 2808; Review of Physical Examination for Officer Program; Chief, Bureau ofMedicine and Surgery letter 6116; Officer Candidate Course acknowledgement; and Administrative Remarks (1070). CONCLUSION Upon review and consideration of all the evidence ofrecord, the Board concluded that Petitioner's request warrants partial relief. The Board substantially concurred with the AO and determined that Petitioner's OMPF contains documents with HIPP A information and personally identifiable information that are not appropriate for retention in his OMPF. The Board further determined that the unsigned counseling entries dated 1 July 2009 and 8 April 2010 are not in accordance with reference (d). The Board thus concluded that the following documents shall be removed from Petitioner's record: Social Security Card/Birth Certificate; DD Form 2807-1; DD Form 2808; Review of Physical Examination for Officer Program; Chief, Bureau of Medicine and Surgery letter 6116; Officer Candidate Course Acknowledgement, and the NAVMC 118(11) counseling entries dated 1 July 2009 and 8 April 2010. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing the Social Security Card/Birth Certificate; DD Form 2807-1: DD Form 2808; Review of Physical Examination for Officer Program; Chief Bureau of Medicine and Surgery letter 6116; Officer Candidate Course Acknowledgement. Petitioner's naval record be corrected by removing NAVMC 118(11) counseling entries date 1 July 2009 and 8 April 2010 contained in enclosure (2). 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. This includes, but is not limited to, all information systems/database entries that reference or discuss the material being expunged. No other changes to Petitioner's naval record. 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 ofthe Board for Correction of Naval Records (32 Code of Federal Regulations, 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 of the Navy. Executive Director