Docket No. 3815-19 Ref: Signature Date 
From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) 10 U.S.C. § 1552 
     (b) MARADMIN 029/10 dtg 151956Z Jan 10 
     (c) MCBul 1020 of 2 Jun 16 


Encl:(1) DD Form 149 w/enclosures 
     (2) Administrative Remarks (Page 11) counseling entry of 25 Jan 16 
     (3) Petitioner’s rebuttal of 29 Jan 16 


1.  Pursuant to reference (a), Petitioner, an enlisted member 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 19 August 2015 Administrative Remarks (Page 11) 6105 counseling entry. 

2.  The Board, consisting of , reviewed Petitioner’s 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 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.  Reference (b) provided clarity, additional guidance, and a single-source document for the official Marine Corps Tattoo Policy. The guidance notified Marines that tattoos on fingers were prohibited. 

c.  On 25 January 2016, Petitioner was issued enclosure (2), a Page 11 entry counseling him due to his non-compliance with reference (b).  Specifically, Petitioner had a band with his spouse’s initials and his date of marriage tattooed on his left-hand ring finger. The entry was not signed by the issuing official, however, Petitioner acknowledged (signed) the entry and chose to submit a written rebuttal.  In his rebuttal at enclosure (3), Petitioner admitted to violating the Marine Corps tattoo policy, and that doing so was wrong and unprofessional.  He also asserted that his leadership at the time consented to him getting the tattoo, as long as his ring covered the tattoo. 

d.  Per reference (c), theMarine Corps did a mass ‘grandfathering’ of Marines with non-compliant tattoos.  With regard to the size and location of tattoos, the policy prohibits Tattoos on the hands, fingers, or within two inches of the wrist bone, with the exception of a single band tattoo of no more than 3/8 of an inch in width on one finger. Additionally, tattoos in compliance with the Bulletin did not need to be documented in a Page 11 counseling entry. Petitioner asserts that his first sergeant has verified that his tattoo is now within Marine Corps regulations. 

CONCLUSION 

Upon review and consideration of all the evidence of record, theBoard determined that Petitioner’s request warrants relief.  In this regard, the Board noted Petitioner was properly issued his Page 11 entry due to having a non-compliant tattoo.  The Board noted, however, that per reference (c), his tattoo is no longer in violation with the current tattoo policy, and that there is no useful purpose for the Page 11 entry, or his rebuttal, to remain in his official military personnel file (OMPF).  The Board thus concluded that the entry at enclosure (2) shall be removed from Petitioner’s official military 
personnel file (OMPF). 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Petitioner’s record be corrected by removing his 25 January 2016 Page 11 counseling entry at enclosure (2) and his rebuttal at enclosure (3). 
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 or database entries that reference or discuss the expunged material. 

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.