From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 (b) MCO P1070.12K w/Ch 1 (IRAM) (c) MCO 6110.3A Encl: (1) DD form 149 (2) Administrative Remarks (Page 11) counseling entry of 9 Mar 18 (3) Administrative Remarks (Page 11) counseling entry of 25 Apr 18 (4) CO, , ltr 6100 B100 of 8 Jan 19 (5) Administrative Remarks (Page 11) counseling entry of 1 Feb 19 (6) Administrative Remarks (Page 11) counseling entry of 12 Feb 19 1. Pursuant to reference (a), Petitioner, an enlisted Marine, filed enclosure (1) implicitly requesting removal of Administrative Remarks (Page 11) counseling entries regarding assignment to the Body Composition Program and promotion-restriction from his OMPF. 2. The Board for Correction of Naval Records (Board), consisting of reviewed Petitioner's allegations of error and injustice on 1 July 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 found 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. On 9 March 2018, Petitioner, then a lance corporal, received enclosure (2), a Page 11 counseling due to assignment to the Marine Corps Body Composition Program (BCP). Petitioner acknowledged the counseling issued by his Commanding Officer, and chose not to submit a rebuttal. c. On 25 April 2018, Petitioner received enclosure (3), a counseling entry stating he is eligible but not recommended for promotion to corporal due to assignment to the Marine Corps BCP. Petitioner acknowledged the counseling and chose not to submit a rebuttal. This entry was not signed, as required by reference (b), by his Commanding Officer. d. Petitioner furnished enclosure (4) an letter from his Commanding Officer (CO) to the Personnel Officer, The letter states that a BCP package was submitted into the Marine Corps Training Information Management System with the incorrect data. The CO directed that the entry assigning Petitioner to the BCP be removed from Marine Corps Total Force System (MCTFS) because the source documents that generated the MCTFS entry contained erroneous data. The MCTFS Weight Control 113 Remark now reflects that Petitioner has never been assigned to weight control. e. On 1 February 2019, Petitioner was issued enclosure (5), a counseling entry stating he is eligible but not recommended for promotion to corporal for the month of February 2019 due to not meeting the Marine Corps height and weight standards. Petitioner acknowledged the counseling and chose not to submit a rebuttal. This entry was not signed, as required by reference (b), by his Commanding Officer. f. On 12 February 2019, Petitioner was issued enclosure (6), a counseling entry stating he is recommended for promotion to corporal for the month of March 2019 due to meeting the Marine Corps height and weight standards per reference (c), The Marine Corps Body Composition and Military Appearance Program. CONCLUSION Upon review and consideration of all the evidence of record, and in light of enclosure (4), the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board determined that Petitioner’s assignment to the BCP, and the subsequent entry made in the MCTFS, was in error. The Board also noted that the MCTFS entry has been corrected, and concluded that the counseling entry at enclosure (2), documenting Petitioner’s assignment to the BCP, and enclosure (3), the consequential promotion restriction counseling, shall be removed from Petitioner’s OMPF. The Board, however, was not willing to remove the counseling entries at enclosures (5) and (6). In this regard, the Board noted that the 1 February 2019 entry properly documents Petitioner’s failure to meet the Marine Corps height and weight standards as justification for the promotion- restriction, and not due to his assignment to the BCP. The Board did note an error because Petitioner’s CO did not sign the counseling. However, when the Board considered the counseling entry at enclosure (6) in conjunction with the counseling entry at enclosure (5), they were convinced that no injustice exists. The counseling at enclosure (6) states that the Petitioner is now recommended for promotion to the rank of corporal for the month of March 2019 as a result of meeting Marine Corps height and weight standards. In the Board’s opinion, reading the two counseling entries together eliminates any potential for an injustice. Additionally, the Board noted that the CO’s letter pre-dates the issuance of the counseling entries at enclosures (5) and (6), and was intended to correct an erroneous assignment to the BCP. Accordingly, the Board was unable to find an error or injustice warranting removal of enclosures (5) and (6). RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing enclosure (2), the 9 March 2018 counseling entry issued due to Petitioner’s assignment to the Marine Corps BCP. Petitioner’s naval record be corrected by removing enclosure (3), the 25 April 2018 promotion- restriction 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, 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 data base entries which reference or discuss the expunged material. No further relief be granted. 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.