Docket No: 9265-19 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 9 Jun 17 (3) NAVMC 118(11) Administrative Remarks of 9 Jun 17 (4) NAVMC 118(11) Administrative Remarks of 13 Jun 17 (5) NAVMC 118(11) Administrative Remarks of 9 Sep 17 (6) NAVMC 118(11) Administrative Remarks of 13 Dec 17 (7) NAVMC 118(11) Administrative Remarks of 14 Feb 18 (8) HQMC memo 1070 JPL of 13 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 her record be corrected by removing her Administrative Remark (page 11) entries dated 9 June 2017, 13 June 2017, 9 September 2017, 13 December 2017, and 14 February 2018 from her 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 9 June 2017, Petitioner was issued enclosure (2), a page 11 entry notifying her that she is eligible but not recommended for promotion to the rank of sergeant during the period of July, August, and September, due to being Professional Military Education (PME) incomplete. b. On 9 June 2017, Petitioner was issued enclosure (3), a page 11 entry notifying her that she is eligible but not recommended for promotion to the rank of sergeant during the month of July, due to being PME incomplete. c. On 13 June 2017, Petitioner was issued enclosure (4), a page 11 entry notifying her that she is eligible but not recommended for promotion to the rank of sergeant during the third quarter of 2017, due to being PME incomplete. d. On 9 September 2017, Petitioner was issued enclosure (5), a page 11 entry notifying her that she is eligible but not recommended for promotion to the rank of sergeant during the period of October, November, and December due to lacking Military Occupational Specialty (MOS) proficiency and being PME incomplete. e. On 13 December 2017, Petitioner was issued enclosure (6), a page 11 entry notifying her that she is eligible but not recommended for promotion to the rank of sergeant for the second quarter (January, February, March) 2018, due to lack of MOS proficiency. f. On 14 February 2018, Petitioner was issued enclosure (7), a page 11 entry recommending her for promotion to the rank of sergeant for the month of March 2018, because she completed PME requirements. g. Petitioner contends that the page 11 entries were fraudulently signed, her record contains multiple entries for the same promotion quarter, the entries were not signed by the commanding officer, and entries were erroneously phrased. Petitioner claims the entries were created following an Equal Opportunity (EO) complaint against her staff non-commissioned officer (SNCO). h. Enclosure (8), the advisory opinion (AO), furnished by the Headquarters Marine Corps, Military Personnel Law Branch (JPL) recommended that Petitioner’s request be granted, in part. The AO noted Petitioner’s evidence, however, the AO opined that Petitioner’s evidence was not sufficient. The AO determined that, regardless, Petitioner did not complete her PME requirements until December 2017 and was thus not eligible for promotion to the next higher grade during the periods noted in her page 11 entries. The AO also noted that the Marine Corps Individual Records Administration Manual (IRAM) does not require the signature of the commanding officer for page 11 entries not recommending Marines for promotion. The AO found no evidence that Petitioner was eligible for promotion prior March 2018 or that the entries were issued as retaliation for an EO complaint against her SNCO. The AO concluded that Petitioner’s page 11 entries are administratively correct, however, the two counseling entries dated 9 June 2017 are redundant and should be removed. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. The Board substantially concurred with the AO. In this regard, the Board noted that pursuant to the IRAM, Petitioner was properly counseled that she was eligible, but not recommended for promotion to sergeant from July 2017 to February 2018 due to her failure to complete the required PME and for lacking MOS proficiency. The Board found no evidence that Petitioner was PME complete, or otherwise eligible for promotion and she provided none. Moreover, the Board found no evidence that the entries were written as retaliation for submitting an EO complaint against her SNCO and she provided none. The Board determined that the contested entries were written and issued in accordance with the IRAM. The Board also determined that her 9 June 2017 page 11 entries cover the same promotion quarter noted in her 13 June 2017 page 11 entry. The Board thus concluded that the 9 June 2017 page 11 entries are redundant and shall be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing her 9 June 2017, Administrative Remarks (page 11) entries. No other changes to Petitioner’s record. 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.