Docket No: 6427-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD   
 
Ref:   (a) 10 U.S.C. § 1552 
       (b) MCO P1070.12K 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) NAVMC 118(11) counseling entry of 11 Mar 16 
 
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 an Administrative Remarks (page 11) counseling entry from his official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 3 March 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, 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 that, before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
 a.  On 11 March 2016, Petitioner was issued enclosure (2), a promotion restriction entry counseling Petitioner that he was eligible but not recommended for promotion to sergeant for the month of April 2016, because he lacked judgement, professionalism and responsibility. 
 
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 that Petitioner did not acknowledge the counseling or make an election regarding the submission of a rebuttal, and the Marines’ signature line is annotated “SNM is not present to sign.”  The Board also noted that pursuant to chapter 4006.2.f, of Marine Corps Order (MCO) P1070.12K, the Marine Corps Individual 
Records Administration Manual, certain entries require authentication by the commanding officer or acknowledgement (signature) by the Marine.  Further, the Marine will acknowledge (sign) the entry if eligible but not recommended for promotion.  The Board determined that Petitioner was not afforded the opportunity to acknowledge the entry or to submit a rebuttal before the entry was submitted for inclusion in his OMPF.  The Board thus concluded the entry was submitted in violation of reference (b), and shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action: 
 
Petitioner’s naval record be corrected by removing the 11 March 2016, page 11 counseling entry. 
 
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/ and database entries that 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.