Docket No: 9201-19 
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 
     
Encl: (1) DD Form 149 w/attachments  
   (2) NAVMC 118(11) Administrative Remarks of 28 Mar 18  
 
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 Administrative Remarks (page 11) from his official military personnel file (OMPF). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 24 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 28 March 2018, Petitioner’s was issued a page 11 entry counseling him for allowing a recruit to leave the Military Entrance Processing Station (MEPS) with his parents.  
 
     b.  Petitioner contends that his rebuttal statement was removed, he was told that the page 11 entry would go away because there was no proof, and his command was informed of the changes, but shipped the applicant to training without returning him to the MEPS. 
 
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 in accordance with the Individual Records Administration Manual (IRAM) entries concerning misconduct or substandard performance must include the statement advising the Marine “. . . that within 5 working days after acknowledgement of this entry a written rebuttal can be submitted. . . I choose (to) (not to) make a rebuttal.”   The Board also noted that the IRAM requires your commanding officer to sign the page 11 entry.  The determined that Petitioner’s page 11 entry is in error, specifically, Petitioner was not afforded the opportunity to submit a written rebuttal and his commanding officer did not sign the page 11 entry, thus Petitioner’s contested page 11 entry 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 28 March 2018, Administrative Remarks (page 11).  
 
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.