DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 1440-19 
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:    (a) 10 U.S.C. § 1552 

Encl:   (1) DD Form 149
        (2) NAVMC 118(11) 6105 counseling entry of 19 Jul 10 
        (3) HQMC memo 1070 SEC of 19 Jun 19 

1.  Pursuant to the provisions of reference, Petitioner, a staff non-commissioned officer of the Marine Corps Reserve, filed enclosure (1) with this Board requesting that his record be corrected by removing a 19 July 2010 Administrative Remarks (Page 11/6105), enclosure (2). 

2.  The Board, consisting of                , reviewed Petitioner's allegations of error and injustice on 15 October 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, as well as 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.  Petitioner contends the counseling entry is erroneous because it was not signed by the Commanding Officer.

    c.  Petitioner was issued enclosure (2), a 19 July 2010 Administrative Remarks (Page 11/6105) for erroneously entering scores for a physical fitness test and a rifle range that he knew were false.

    d.  In enclosure (3), the Advisory Opinion determined that the counseling entry was not written in accordance with the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry was not signed by the commanding officer as required. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board noted that the counseling entry was signed “By direction” by someone other than the commanding officer.  The Board determined that in accordance with the paragraph 4006.2r, note 2 of the IRAM, “The Commanding Officer/Unit Commander must physically sign this adverse page 11 entry.” The Board thus concluded that the 19 July 2010 Administrative Remarks (Page 11/6105) 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 the 19 July 2010 Administrative Remarks (Page 11/6105). 

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


11/21/2019