DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9240-18 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 1754.11 Encl: (1) DD Form 149 w/enclosures (2) Administrative Remarks (Page 11) 6105 counseling of 14 May 15 w/Petitioner’s 15 May 15 Rebuttal 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 an Administrative Remarks (Page 11) 6105 counseling entry, and implicitly, his rebuttal thereto. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 December 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, 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. On 14 May 2015, Petitioner was issued a Page 11 entry, counseling him due to an Incident Determination Committee (IDC) determination that Petitioner “met criteria” for spousal physical abuse. Petitioner acknowledged the entry and chose to submit a written rebuttal, claiming it was self-defense, and noting that civilian charges were dismissed due to insufficient evidence. He included a copy of the court’s order of dismissal. c. Pursuant to reference (b), the Marine Corps Family Advocacy and General Counseling Program. “A commander may not take [adverse] administrative …action against a service member based solely upon the ISD [Incident Status Determination] for an act of…domestic abuse, or intimate partner abuse allegedly committed by that service member.” CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of reference (b), the Board determined that Petitioner’s request warrants relief. The Board determined that the Page 11 entry at enclosure (2) was issued in error, and is therefore unjust. The Board concluded that it shall be removed, along with the corresponding rebuttal statement, from Petitioner’s official military personnel file. RECOMMENDATION In view of the above, the Board recommends the following corrective action: That Petitioner’s record be corrected by removing his 14 May 2015 Page 11 6105 counseling entry, and his rebuttal, at enclosure (2). 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 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. That no further relief is warranted. That, upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 1 November 2018. 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.