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

Docket No: 3312-19  
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) counseling entry of 12 Sep 18 
      (3) CO, , Marine Forces Reserve ltr 1000-28 CO of 11 Mar 19 
      (4) GySgt email of 19 Aug 19 

1.  Pursuant to the reference, Petitioner, a non-commissioned officer of the Marine Corps filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his record be corrected by removing an Administrative Remarks (Page 11) dated 12 September 2018. 

2. Petitioner’s application was initially considered by a panel of the Board on 28 June 2019, and that panel recommended denying relief.  However, prior to approval and publication of the decision, additional mitigating information that was not available to the earlier Board was identified.  Specifically, an email from Petitioner’s command that he was no longer pending legal policies. Therefore, Petitioner’s application was subsequently referred to a new panel for reconsideration.  The new Board, consisting of                        , reconsidered Petitioner’s allegations of error and injustice on 10 September 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 record, 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 regulations within the Department of the Navy. 

b.  In enclosure (1), Petitioner contends that the counseling entry was erroneous because the promotion authority did not certify the non-recommendation for promotion in Marine Online or the Unit Diary/Marine Integrated Personnel System (UD/MIPS). 

c.  On 12 September  2018, Petitioner was issued enclosure (2), an Administrative Remarks (Page 11) not recommending him for promotion to Sergeant (Sgt/E-5) for the first quarter of Fiscal Year (FY) 2019 due to pending legal action. 

d.  In correspondence, at enclosure (3), the commanding officer, Headquarters Battalion, Marine Forces Reserve requested that Petitioner’s counseling entry be removed.  According to his statement, the counseling entry was submitted for inclusion in Petitioner’s OMPF before being certified in Marine Online by the promoting authority. 

e.  In correspondence, at enclosure (4), Petitioner’s command submitted notification that Petitioner was cleared of all charges earlier this year and the commanding officer authorized Petitioner’s promotion to Sergeant effective the date of his original promotion date. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  The Board noted correspondence from Petitioner’s commanding officer requesting removal of the Administrative Remark (Page 11), and the command’s email correspondence that he was cleared of all charges, and that corrective action has been taken to promote the Petitioner effective on the day he would have been promoted.  Based upon the foregoing, the Board determined that it would be unjust not to remove the page 11.  As such, the Board concluded that the Administrative Remarks (Page 11) dated 12 September 2018 will be removed from Petitioner’s record.
 
RECOMMENDATION 

In view of the above, the Board directs the following corrective action: 

That Petitioner’s naval record be corrected by removing the Administrative Remarks (Page 11) dated 12 September 2018. 

That 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 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.


 
10/7/2019