DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2200-19 Ref: Signature Date From:Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MCBul 1020 Encl:(1) DD Form 149 w/attachments (2) NAVMC 118(11) Administrative Remarks of 11 Jul 16 1. Pursuant to reference (a), Petitioner, a non-commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his Administrative Remarks (Page 11) counseling entry from his official military personnel file (OMPF). 2. The Board reviewed Petitioner’s allegations of error and injustice on 11 February 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, finds 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 11 July 2016, Petitioner was issued a Page 11 entry counseling him that his tattoo located on his lower left triceps that was not in compliance with Marine Corps Bulletin (MCBul) 1020, the Marine Corps Tattoo Policy, reference (b). Petitioner claims that his tattoo is in compliance with regulations. As evidence, Petitioner submitted a picture of his “USMC” tattoo. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority Board members found the existence of an error warranting corrective action. The majority noted that, according to reference (b), when wearing the crew-neck t-shirt, the visible portion of the upper arm tattoo must not exceed the bounds of the individual Marine’s hand with their fingers extended and joined with the thumb flush against the side of the hand, and the tattoo must be two inches above the elbow. Further, the measurement of the tattoo will be from the base of the palm to the tip of the fingers and from the outside of the thumb to the outside of the palm. The majority concluded that, based upon their observation of Petitioner’s tattoo, the tattoo appears to be compliant with reference (b), and that, therefore, the Page 11 entry should be removed. MAJORITY RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing the 11 July 2016 Page 11 counseling entry. Any material or entries inconsistent with or relating to theBoard’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems and database entries that reference or discuss the material being expunged. MINORITY CONCLUSION Upon review and consideration of all the evidence of record, acknowledging Petitioner’s contention, the minority did not find the existence of a probable error or injustice warranting corrective action. Theminority noted reference (b) and determined that Petitioner’s evidence was not sufficient to determine that his tattoo is in compliance with regulations. In this regard, the minority noted that Petitioner acknowledged the counseling entry, and the counseling entry was signed by his commanding officer (CO). Further, the minority found no evidence that Petitioner’s CO supported his contention, nor did the minority find evidence to demonstrate that the dimensions of Petitioner’s tattoo were in compliance with the requirements of reference (b) for an upper arm tattoo. The minority thus concluded that there is no probable material error or injustice warranting corrective action. MINORITY RECOMMENDATION No change to Petitioner’s 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 of the Board’s proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action.