Docket No: 2256-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) NAVMC 118(11) counseling entry of 15 Mar 17 (3) CO, ltr 1320/1 S-1 of 7 Mar 17 (4) MCTFS Basic Training Record of 28 Nov 18 (5) NAVMC 118(11) counseling entry of 24 Mar 17 1. Pursuant to the provisions of the reference, 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 an Administrative Remarks (Page 11) counseling entry. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 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, found that, before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 15 March 2017, Petitioner was issued enclosure (2), a Page 11 entry counseling him that he was not recommend for promotion to sergeant (Sgt/E-5) for the first quarter (January, February, and March) because he failed to complete professional military education (PME). Petitioner notes that he completed the required PME during 2016, was temporarily assigned to cold weather training in on the date of the entry, and his signature was forged. As evidence, Petitioner submitted his orders to cold weather training, his Basic Training Record (BTR), and an examplar of his signature, at enclosures (3) through (5). CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. In accordance with the Individual Records Administration Manual (IRAM), Marines not recommended for promotion are required to be counseled and afforded the opportunity to submit a rebuttal. The Marine must acknowledge the entry by their signature. The Board acknowledged Petitioner’s BTR and noted that he completed the required resident and distance education corporal’s course during 2016. The Board also noted that the contested Page 11 entry was issued while Petitioner was temporarily assigned to for training. Lastly, the Board opined that Petitioner’s signature acknowledging that he was counseled is not similar to his signature at enclosure (5). The Board thus concluded that the entry at enclosure (2) shall be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 15 March 2017 Page 11 counseling entry. Any material or entries inconsistent with or relating to the Board’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/database entries that reference 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 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.