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

Docket No: 5015-19  
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 1070.12K 

Encl:  (1) DD Form 149 
       (2) NAVMC 118(11) counseling entry of 15 Apr 14 
       (3) NAVMC 118(11) counseling entry of 3 Apr 15 

1.  Pursuant to reference (a), 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 15 April 2014, Administrative Remarks (Page 11), enclosure (2) and a 3 April 2015, Administrative Remarks (Page 11), enclosure (3) from his official military personnel file (OMPF). 

2.  The Board, consisting of                                 , reviewed Petitioner’s 
allegations of error and injustice on 19 December 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 that he was not counseled about the contested promotion non-recommendation counseling entries and the 3 April 2015, counseling entry erroneously states that he is not recommended for promotion to corporal for the month of April 2014, is dated April 2015, and he was already promoted to corporal effective 1 September 2014. 

     c.  Petitioner was issued enclosure (2), a 15 April 2014  Administrative Remarks (Page 11) notifying him that he was not recommended for promotion to corporal for the month of May 2014.  The counseling entry was signed by the CO; however the placement for the “Signature of Marine” states “SNM unavailable for signature.” 

     d.  Petitioner was issued enclosure (3), a 3 April 2015, Administrative Remarks (Page 11) notifying him that he was not recommended for promotion to corporal for the month of April 2014. The counseling entry was signed by the CO; however the block for the “Signature of Marine” states “SNM unavailable for signature.” 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board note that pursuant to MCO 1070.12K, the Marine Corps Individual Records Administration Manual, Marines that are “eligible but Not Recommended for Promotion…the Marine will acknowledge (sign) the entry.”  The Board also noted that neither counseling entry was acknowledged by the Petitioner and thus determined that the counseling entries, in enclosure (2) and (3) are in error and shall be removed from Petitioner’s OMPF. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing the 15 April 2014, Administrative Remarks (Page 11) counseling entry, enclosure (2). 

Petitioner’s naval record be corrected by removing the 3 April 2015, Administrative Remarks (Page 11) counseling entry, 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, that no such entries or material be added to the record in the future.  This includes but is not limited to all information systems and data base entries which reference 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. 


1/27/2020