Docket No: 5078-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
 
Ref:    (a) 10 U.S.C. § 1552 
    (b) MCO 1070.12K 
 
Encl:   (1) DD Form 149 
        (2) NAVMC 118(11) counseling entry of 9 Nov 18 
        (3)  rebuttal statement of 24 Nov 18 
        (4) NAVMC 118(11) undated counseling entry 
        (5) CO,  ltr of 15 Apr 19 
 
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 a 9 November 2018, Administrative Remarks (Page 11/6105), enclosure (2), rebuttal statement, enclosure (3), and an undated duplicate Administrative Remarks (Page 11/6105), enclosure (4) from his official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 19 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, 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 regulations within the Department of the Navy. 
 
 b.  Petitioner contends that the commanding officer (CO) that issued the counseling entry has reconsidered his decision and has requested that the 6105 counseling entry be removed from Petitioner’s OMPF. 
 
 c.  Petitioner was issued enclosure (2), a 9 November 2018, 6105 counseling for having an inappropriate relationship without being legally divorced. 
 
 d.  Enclosure (4) is an undated counseling entry and duplicate of enclosure (2). 
 
 e.  In enclosure (5), the commanding officer,   requested that enclosures (2) through (4) be removed from Petitioner’s record.  He was the counseling officer at the time and states that his justification for removing the counseling is due to new information that has come to his attention warranting reconsideration of his decision. 
 
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 the commanding officer’s justification for removing the 6105 counseling entry and determined that the request was sufficient to warrant removal of the 9 November 2018 counseling entry, Petitioner’s rebuttal, and the undated counseling entry. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner’s naval record be corrected by removing the 9 November 2018, Administrative Remarks (Page 11/6105) counseling entry, enclosure (2). 
 
That Petitioner’s naval record be corrected by removing his 24 November 2018, rebuttal statement, enclosure (3). 
 
That Petitioner’s naval record be corrected by removing the undated, duplicate Administrative Remarks (Page 11/6105) counseling entry, enclosure (4). 
 
That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record, that no such entries or material be added to the record in the future.  This includes but is not limited to all information systems/data base entries which reference and/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.