DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 6144-18 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 1070.12K W/CH 1 (IRAM) 
Encl:(1) DD Form 149 w/attachments 
     (2) NAVMC 118(11) 6105 counseling entry of 1 Nov 17 
     (3) NAVMC 118(11) counseling entry of 11 May 18 
     (4) Headquarters, Marine Corps memo 1070 SEC of29 Aug 19 


1. Pursuant to the provisions of reference (a), Petitioner, a former non-commissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting the removal from his record of enclosures (2) and (3), a 1 November 2017 Administrative Remarks (Page 11/6105) counseling entry and a 11 May 2018 counseling entry, respectively. 

2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 29 October 2019 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, finds 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 contends that enclosure (2), the 6105 counseling entry, should be removed because there is no basis for "wrongful" use and the term "wrongful" is contrary to Article 112a of the Uniform Code of Military Justice (UCMJ). He also contends that his administrative discharge proceedings did not lead to his discharge or reduction, and the administrative separation board determined that the preponderance of the evidence did not prove any of the acts or omission alleged in the notification, thus finding no basis for separation. Lastly, he contends that enclosure (3), the 11 May 2018 counseling entry, was prepared to correct the 1 November 2017 entry and would have been unnecessary if not for the initial entry. 

c. On 1 November 2017, in enclosure (2), Petitioner was issued a 6105 counseling entry for wrongful use of cocaine and dexamphetamine monophosphate (DAMP) as determined by the Navy Drug Screening Lab (NDSL), on 26 October 2017. 

d. On 11 May 2018, in enclosure (3), Petitioner was issued a counseling entry documenting the results of analysis his urine sample and the administrative separation board's recommendation for retention. 

e. In enclosure (4), the AO advised that Petitioner has not fully met the burden to have the documents removed. The AO recommended partial relief by redacting the sentence "I understand that I am being administratively processed for separation under paragraph 6210.5 of the MARCORSEPMAN for drug abuse" from the 1 November 2017 entry, and that the 11 May 2018 should remain in his record. 


CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request warrants relief. Contrary to the AO's recommendation, the Board determined that the 1 November 2017 counseling entry should be removed. The Board gave considerable consideration to the administrative separation board's determination that the preponderance of the evidence did not prove that Petitioner wrongfully use cocaine or DAMP. Moreover, during a review of Petitioner's official military personnel file, it was noted that the 11 May 2018 counseling entry is not on file. It was also noted that Petitioner was issued a 9 October 2018 counseling entry stating that he was not recommended for reenlistment and would be separated with an other than honorable characterization of service. The Board determined that the 9 October 2018 counseling entry is in error. Petitioner was discharged with an honorable characterization of service, and the Board determined that he should be eligible for reenlistment. Based on the foregoing, the Board determined that the 1 November 2017 6105 and 9 October 2018 counseling entries should be removed, and that Petitioner's DD 214 reenlistment code should also be corrected to reflect RE-IA {recommended and eligible) instead ofRE-4 (not recommended). 

RECOMMENDATION: 
Petitioner's naval record be corrected by removing the 1 November 2017 Administrative Remarks {Page 11/6105) counseling entry. 

Petitioner's naval record be corrected by removing the 9 October 2018 Administrative Remarks {Page 11) counseling entry. 

Petitioner's naval record be corrected by changing his DD 214 reenlistment code to reflect RE­IA (recommended and eligible). 
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/database entries that reference or discuss the material being expunged. 


4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction ofNaval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action.