Docket No. 10765-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF    XXX XX  USMC     
 
Ref:  (a) Title 10 U.S.C. § 1552  
      (b) MCO P1070.12K 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks entries of 30 Dec 15 
      (3) Administrative Remarks entry (undated) 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his Administrative Remarks (Page 11s) at enclosures (2) and (3). 
                                           
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 22 December 2020, 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, found as follows: 
 
      a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 
 
      b.  On 30 December 2015, Petitioner was issued enclosure (2), a Page 11 with two entries, counseling him due to his assignment to the Marine Corps Body Composition Program (BCP), and to notify him of his promotion-restriction status.  Petitioner acknowledged the entries and chose not to submit a written rebuttal. 
 
      c.  Petitioner was issued enclosure (3), a Page 11 counseling him due to due to unsatisfactory performance while assigned to the BCP.  The entry is not dated, but Petitioner and his commanding officer signed the entry on 20 May 2016.   
 
      d.  Petitioner implicitly contends that he was not assigned to the BCP, noting that no medical package was forwarded to his command, there was no remedial conditioning programs assignment or execution, and there are no MOL (Marine OnLine) or MCTFS (Marine Corps Total Force System) entries to validate his assignment to the BCP.  He also contends that the promotion-restriction entry is invalid because it states that he was “eligible but not recommended for promotion to the rank of sergeant" although he was already a staff sergeant. 
 
      e.  Pursuant to reference (b), promotion restriction entries are applicable to members in the grade of sergeant and below.   
 
      f.  A review of MOL and the MCTFS did not reveal any entries that corroborate Petitioner’s assignment to the BCP at any time while serving in the Marine Corps. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noted that the there is no evidence that Petitioner was officially assigned to the BCP.  Additionally, the promotion-restriction entry was not applicable to the Petitioner because he was a staff sergeant when it was issued.  The Board thus concluded that both contested Page 11s shall be removed from Petitioner’s record.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the 30 December 2015 Page 11 with two counseling entries regarding his assignment to the BCP and promotion-restriction. 
    
Petitioner’s naval record be corrected by removing enclosure (3), the undated Page 11 entry regarding his unsatisfactory performance while assigned to the BCP. 
 
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 or database entries that reference or discuss the expunged material. 
 
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 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
Sincerely,