Docket No: 9064-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  
   
 
Ref:  (a) Title 10 U.S.C. § 1552 
  (b) MCO 1070.12K (IRAM) 
   
Encl: (1) DD Form 149 w/attachments  
   (2) Administrative Discharge Board Report of 18 Sep 18  
 (3) HQMC memo 1070 JPL of 13 Nov 19 
 (4) HQMC memo 1916 MMSR-2 of 18 Nov 19 
 
1.  Pursuant to the provisions of the reference, Petitioner, an enlisted service member 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 Notification of Administrative Separation from his official military personnel file (OMPF). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 17 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 18 September 2018, Petitioner’s administrative separation board unanimously determined that the preponderance of the evidence does not prove any of the acts or omissions alleged and recommended that Petitioner be retained in the Marine Corps. 
 
     b.  Petitioner contends the retention of the administrative separation board results in his record creates bias and affects his ability for promotion. 
 
     c.  Enclosure (3), the advisory opinion (AO), furnished by the Office of the Marine Corps Staff Judge Advocate (JPL) recommended that Petitioner’s request be approved.  The AO noted that the notification of separation causes prejudice and would be unjust to allow it to remain in his record.  
 
     d.  Enclosure (4), the AO, furnished by Headquarters Marine Corps (MMSR-2) noted that although Petitioner was retained, results of the administrative discharge board should be retained in Petitioner’s record.    
 
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 the AOs and substantially concurred with the AO furnished by JPL.  Further, the Board also noted that the Marine Corps Individual Records Administration Manual provides that administrative separation board proceedings are only retained when a finding of one or more allegation is supported by a preponderance of the evidence.  The Board determined that the Petitioner’s administrative separation board did not find that any of the allegations were supported by a preponderance of the evidence, accordingly, the administrative separation board results shall be removed.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 18 September 2018, Administrative Separation Board Results. 
 
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/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.