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

Docket No. 1864-19 
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) Administrative Remarks (Page 11) counseling of 1 Jun 18 
      (3) Administrative Remarks (Page 11) counseling of 20 Jun 18 
      (4) Administrative Remarks (Page 11) counseling of 26 Jul 18 

1.  Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine Corps Reserve, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her record be corrected by removing her 1 June 2018 Administrative Remarks (Page 11) counseling entry.  Petitioner also requests that her record be audited to determine if a backdated promotion in the grade of corporal is warranted. 

2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on 10 March 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 1 June 2018, Petitioner was issued enclosure (2), a Page 11 promotion-restriction entry advising her that she had been selected but would not be promoted to the grade of corporal during the month of June 2018 because she was not within Marine Corps height and weight standards.  She acknowledged (signed) the entry and did not submit rebuttal.  Petitioner was issued enclosure (3), a similar promotion restriction for the month of July.  Petitioner was issued enclosure (4), a Page 11 entry advising her that she was eligible and recommended for promotion to the grade of corporal for the month of August.  Petitioner was promoted on 1 August 2018. 

c.  Petitioner contends that her 1 June 2018 Page 11 entry is unjust because she was held to height and weight standards while she was pregnant, and that this error was discovered during a December 2018 Marine Corps Administrative Analysis Team (MCAAT) inspection.  Petitioner furnished MCAAT inspection documents that note that she may have qualified for remedial promotion for June 2018 because her composite score for June 2018 was 1563, and the cutting score for that month was 1559. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board noted that the MCAAT inspection documents verify Petitioner’s contentions that she was pregnant at the time her promotion-restriction counseling entries were issued, and that, while in a promotion-restriction status, she may have otherwise been qualified for promotion to the grade of corporal. The Board thus concluded that the entries at enclosures (2) through (4) 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 enclosures (2) through (4), her 1 June 2018, 20 June 2018, and 26 July 2018 Page 11 counseling entries. 

Petitioner’s record be audited to determine if shewould have been qualified for promotion to corporal if not for the erroneous promotion-restriction status. 

Any material or entries inconsistent with or relating to theBoard’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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

Sincerely,