DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6566-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MCO P1070.12K W/CH 1 Encl: (1) DD Form 149 (2) Administrative Remarks (Page 11) counseling entry of Apr 15 1. Pursuant to reference (a), Petitioner, a former enlisted Marine, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing an Administrative Remarks (Page 11) counseling entry. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 29 May 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 of the enclosures, relevant portions of Petitioner’s 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 April 2015, Petitioner was issued enclosure (2), a promotion restriction to corporal counseling entry for May 2015 due to lack of maturity, lack of responsibility, and recent counselings. The entry noted “SNM not available for signature” and it was signed by the unit Administration Chief. c. Petitioner contended the entry is not written in accordance with Marine Corps Policy because he was never counseled on the entry, he did not have an opportunity to acknowledge the entry or afforded the opportunity to submit a rebuttal, and it was entered into his record without his knowledge. Petitioner suspects that the counseling entry was submitted for inclusion in his record after he went on terminal leave in November 2015. d. Per reference (b), the Marine Corps Individual Records Administration Manual, when a Marine is issued a “not recommended for promotion” entry, the Marine will sign the entry and be given the opportunity to submit a written rebuttal. CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief. In this regard, the Board noted that Petitioner was physically present at the unit that issued the promotion restriction entry, and determined that the entry is in error and unjust because Petitioner was not counseled and did not have the opportunity to submit a written rebuttal prior to the counseling being entered into his record. The Board concluded that the contested Page 11 counseling entry at enclosure (2) shall be removed from Petitioner’s record. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing enclosure (2), the Page 11 promotion restriction counseling entry dated 15 April 2015. 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 of the Navy.