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

Docket No: 7754-19  
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 30 Dec 15
      (3)     rebuttal ltr 1000 FLT EQUIP of 31 Dec 15 
      (4) CO, MAG-13, 3d MAW ltr 1070 BML of 1 Aug 19 

1.  Pursuant to the provisions of reference, Petitioner, a staff 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 his 30 December 2015, Administrative Remarks (Page 11), enclosure (2), and his 31 December 2015 rebuttal statement, enclosure (3), from his official military personnel file (OMPF). 

2.  The Board, consisting of                  , reviewed Petitioner’s allegations of error and injustice on 28 January 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 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 the commanding officer (CO) that issued the counseling entry has requested that thecounseling be removed from Petitioner’s OMPF.  As evidence, Petitioner submitted a letter from the       enclosure (4).

c.  Petitioner was issued enclosure (2), a Page 11 counseling, for substandard performance and failure to meet the Squadron’s expectations as the  Squadron Gunnery Sergeant. 

d.  Petitioner’s former CO, in enclosure (4), requests that the contested counseling be removed.  As justification, he states, “I erroneouslybelieved at the time that relieving…was the best course of action and that…it would have no effect on his career.”  He also stated, “After reviewing all of the information received afterwards…reflecting upon…contributions prior to his relief, I believe the page 11 was unjust.” 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board determined that the entry was written and issued in accordance with reference (b), the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided written notification concerning Petitioner’s deficiencies/impairments, afforded him the opportunity to submit a rebuttal, and the CO signed the entry.  TheBoard, however, noted the CO’s subsequent request, and determined that the justification was sufficient to warrant removing the counseling entry 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 his 30 December 2015, Administrative Remarks (Page 11) counseling entry, enclosure (2). 

That Petitioner’s naval record be corrected by removing his 31 December 2015, Petitioner’s rebuttal statement, enclosure (3). 

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.