From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  XXX XX  USMC     
 
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 of 26 Jul 16  
 
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 a 26 July 2016 Administrative Remarks (Page 11) counseling entry, enclosure (2). 
                                               
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, 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 26 July 2016, Petitioner was issued enclosure (2), an Administrative Remarks (Page 11) entry counseling him for failing to obey an order or regulation from his Senior Staff Non-Commissioned Officer and not having his Marine report to his appointed place of duty.  Petitioner signed the entry, acknowledging the counseling, and indicated that he intended to submit a written rebuttal.  However, Petitioner’s rebuttal was not entered into his official military personnel file (OMPF), and there is no counter entry stating that his rebuttal was not received.  
 
      c.  Petitioner contends that the Page 11 entry is in error and unjust, and should be removed because his rebuttal statement was not entered into his OMPF. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants partial relief.  In this regard, the Board determined that it is in error that Petitioner’s rebuttal was not entered into his OMPF.  The Board determined, however, that pursuant to reference (b), the counseling entry is otherwise administratively and procedurally correct as written and filed.  Furthermore, the Board determined that the entry creates a permanent record of a matter his commanding officer deemed significant enough to document.  The Board therefore concluded that Petitioner shall be allowed an opportunity to submit a rebuttal statement, providing it is in compliance with reference (b). 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner shall be allowed to submit for inclusion into his OMPF a rebuttal to enclosure (2), the 26 July 2016 counseling entry.  If Petitioner elects to submit a rebuttal, it must be in compliance with reference (b) and received by Headquarters, Marine Corps (MMRP) within 60 days of receipt of this letter. 
   
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
Sincerely, 

1/17/2021
Deputy Director