DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10234-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MCO P1900.16F W/CH 2 (MARCORSEPMAN) Encl: (1) DD Form 149 (2) Administrative Remarks (Page 11) counseling of 26 Mar 18 (3) CO, ltr 1070 I-I ltr of 19 Sept 18 1. Pursuant to reference (a), Petitioner, a staff non-commissioned officer 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) counseling entry at enclosure (2). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 January 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, as well as 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. Petitioner was issued enclosure (2), a Page 11 counseling him for his violation of the Uniform Code of Military Justice (UCMJ), Article 92 (failure to obey lawful order or regulation), and for failure to set an appropriate example for the Marines in his charge. The entry does not constitute a counseling and rehabilitation entry issued in accordance with reference (b), paragraph 6105 because it does not provide a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and it was not issued by Petitioner’s commanding officer (CO). c. Petitioner contends that the Page 11 was erroneously issued by his officer-in-charge (OIC), and entered into his official military personnel file (OMPF). Petitioner furnished enclosure (3), a letter from his CO, requesting that the Page 11 be removed from Petitioner’s OMPF, noting that he did not issue the counseling, and that Petitioner’s OIC was not authorized to issue the counseling. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board determined that Petitioner’s request warrants relief. The Board noted that Petitioner’s CO did not issue the Page 11 counseling, and that his CO furnished an advocacy letter requesting it be removed from Petitioner’s OMPF. The Board concluded that it shall be removed from Petitioner’s OMPF. RECOMMENDATION In view of the above, the Board recommends the following corrective action. That Petitioner’s record be corrected by removing enclosure (2), his 26 March 2018 Page 11 counseling. That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 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. 3/3/2020