From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  XXX XX USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) MCO P1070.12K 
  
Encl:   (1) DD Form 149 w/ enclosures 
        (2) Administrative Remarks (Page 11) counseling (undated) 
        (3) Administrative Remarks (Page 11) counseling of 12 Sep 14 
        (4) Administrative Remarks (Page 11) counseling of 23 Oct 14 
        (5) Administrative Remarks (Page 11) counseling of 20 Jun 16 
        (6) Administrative Remarks (Page 11) counseling (undated) 
  
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing Administrative Remarks (Page 11) counseling entries regarding not be recommended for promotion dated 12 September 2014, 23 October 2014, 20 June 2016, and two undated entries from his official military personnel file (OMPF).  
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 3 November 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 regulation within the Department of the Navy. 
 
      b.  Petitioner contends that the Page 11 counseling entries, enclosures (2) and (6), are invalid because they are duplicate documents and are missing a date stamp.  Petitioner also contends that the Page 11 counseling entries, enclosures (3) and (5), are invalid because they are duplicate documents, and that enclosure (4), the Page 11 counseling entry dated 23 October 2014 is invalid because it was submitted without his knowledge; he did not sign it, although he was available to sign.  
 
      c.  Petitioner received two Page 11 counseling entries for not being recommended for promotion to Corporal for the month of October 2014 promotion period; one entry was not date stamped, enclosure (2), and one entry, enclosure (3), was date stamped 12 September 2014.  In Petitioner’s record there were two Page 11 counseling entries for not being recommended for promotion to Sergeant for the July 2016 promotion period; both entries were date stamped 20 June 2016, enclosure (5) is one of those entries.  Furthermore, there were two Page 11 counseling entries for not being recommended for promotion to Sergeant for the August 2016 promotion period; one entry was date stamped 26 July 2016 and the other, enclosure (6), was not dated. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record the Board determined that Petitioner’s request warrants partial relief.  The Board found that enclosures (2), (5), and (6) were duplicate Page 11 counseling entries.  The Board thus concluded that Petitioner’s OMPF shall be corrected by removing these entries from his OMPF.   
 
The Board, however, determined that the Page 11 counseling entries, enclosures (3) and (4) should not be expunged.  In this regard, the Board determined that removal of the counseling entries is not warranted as they are not duplicate documents.  Petitioner has no other Not Recommended for Promotion to Corporal for the month of October 2014 promotion period (enclosure (3)) and no other Not Recommended for Promotion to Corporal for the month of November 2014 (enclosure (4)) in his record.  The Board thus concluded that these contested Page 11 counseling entries shall remain in his OMPF.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by removing the following Page 11 counseling entries: enclosure (2) Not recommended for promotion to Corporal for the October 2013 promotion period (undated); enclosure (5) Not recommended for promotion to Sergeant for the July 2016 promotion period dated 20 June 2016; and enclosure (6) Not recommended for promotion to Sergeant for the August 2016 promotion period (undated). 
 
No further relief be granted. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
       
1/22/2021
Deputy Director