Docket No: 3477-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 
        (2) NAVMC 118(11) counseling entry of 6 Jun 16 
        (3) HQMC memo 1070 SEC of 11 Sep 19 
        (4) HQMC memo 1070 JPL of 21 Oct 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 that his record be corrected by removing a 6 June 2016 Administrative Remarks (Page 11), enclosure (2). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 29 October 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, 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.  Petitioner contends the counseling entry is unnecessary and the result of a blanket unit counseling.  At that time he was not eligible for promotion to sergeant and did not have the required 12-month time in grade. 
 
 c.  Petitioner was issued enclosure (2), a 6 June 2016 Administrative Remarks (Page 11) not recommending him for promotion to sergeant for the month of July 2016 due to his time in grade being only 11 months. 
 
 d.  In enclosures (3) and (4), the Advisory Opinions determined that the counseling entry is in error.  Petitioner was not eligible for promotion during July 2016 and would not become eligible for promotion to sergeant until he reached 12 months of service in grade as a corporal. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board noted enclosures (3) and (4) and concurred that the month in which the counseling entry was issued, Petitioner was not eligible for promotion to sergeant.  The Board concluded that the 6 June 2016 Administrative Remarks (Page 11) shall 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 6 June 2016 Administrative Remarks (Page 11). 
 
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.