Docket No. 4256-19 Ref: Signature Date 
From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) 10 U.S.C. § 1552 
     (b) MCO P1070.12K W/CH 1 (IRAM) 

Encl:(1) DD Form 149 w/enclosures 
     (2) Administrative Remarks (Page 11) counseling entry of 4 Oct 18 
     (3) Administrative Remarks (Page 11) counseling entry of 19 Dec 18 
     (4) Administrative Remarks (Page 11) counseling entry of 7 Jan 19 
     (5) CO,  ltr 1400 CO of 26 Apr 19 


1.  Pursuant to reference (a), Petitioner, a former 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 4 October 2018 Administrative Remarks (Page 11) promotion-restriction entry. Although not specifically requested by Petitioner, the Board also considered removal of his 19 December 2018 and 7 January 2019 Page 11 promotion restriction entries. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 June 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, 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 regulation within the Department of the Navy. 

b.  On 4 October 2018, Petitioner was issued enclosure (2), a Page 11 entry counseling him regarding his non-recommendation for promotion to the rank of corporal for the fourth quarter of 2018 due to his lack of judgement and maturity.  Although the entry was signed by Petitioner’s commanding officer, the entry shows “SNM not available for signature.” Pursuant to reference (b), this entry requires Petitioner to acknowledge (sign) the entry and indicate whether he chooses to submit a written rebuttal, alternatively, if he refuses to sign the entry, it requires a counter entry indicating his refusal to sign the entry.  

c. On 19 December 2018, Petitioner was issued enclosure (3), a Page 11 entry counseling him regarding his non-recommendation for promotion to the rank of corporal for the first quarter 2019 due to his pending administrative separation.  Petitioner signed the entry and chose not to submit a written rebuttal.  

d.  On 7 January 2019, Petitioner was issued enclosure (4), a Page 11 entry counseling him regarding his promotion restriction to the rank of corporal for 1 January 2019 due to his pending administrative separation.  Petitioner signed the entry and chose not to submit a written rebuttal.  

e.  Petitioner was promoted to corporal/E-4 on 1 April 2019. On 26 April 2019, Petitioner’s commanding officer requested that Headquarters, Marine Corps (MMPR-2) adjust Petitioner’s date of rank in the grade of corporal to 1 January 2019.  Petitioner’s commanding officer determined that Petitioner’s first quarter 2019 promotion restriction was based on his pending administrative separation for medical reasons, and therefore erroneous. Petitioner’s date of rank in the grade of corporal/E-4 was subsequently adjusted to 1 January 2019. Enclosure (5). 

f.  Petitioner contends that his 4 October 2018 Page 11 entry is in error and unjust because he was at his command and available to sign the entry at the time it was issued.  Additionally, Petitioner asserts that he was never notified of the discrepancy or asked to sign the Page 11, and that the Page 11 was signed by an S-1 clerk, implicitly contending that it was not signed by his commanding officer, as required by reference (b). 

g.  In accordance with reference (b), adverse Page 11 entries will include statements to the effect that the Marine was provided the opportunity to make a rebuttal statement, and if the Marine did or did not choose to make such a statement, and the Marine will acknowledge (sign) the entry. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants the relief requested, plus additional relief.  In this regard, the Board noted that the Page 11 entry at enclosure (2) is adverse, and pursuant to reference (b), Petitioner was required to be counseled and afforded an opportunity to submit a written rebuttal prior to it being inserted into his official military personnel file (OMPF).  The Board determined, however, that he was not properly counseled and afforded the opportunity to submit a written rebuttal. The Board thus concluded that enclosure (2), the contested Page 11 entry, shall be removed from Petitioner’s OMPF. 

Although not requested by the Petitioner, the Board determined that his Page 11 entries at enclosures (3) and (4) are also in error, and therefore unjust.  In this regard, the Board noted that Petitioner was mistakenly issued these two Page 11 entries due to his pending administrative separation for medical reasons, and that his commanding officer corrected the error by taking action to have his date of rank in the grade of corporal/E-4 backdated to 1 January 2019.  The Board thus concluded that Petitioner’s Page 11 entries at enclosures (3) and (4) shall be removed from his OMPF. 

RECOMMENDATION 

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

Petitioner’s record be corrected by removing enclosures (2) through (4), his 4 October 2018, 19 December 2018, and 7 January 2019 Page 11 entries counseling him regarding his promotion restriction status. 

Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and 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 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. 



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