Docket No: 6822-19 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 Encl: (1) DD Form 149 w/attachments (2) NAVMC 118(11) counseling entry of 12 Oct 18 (3) Fitness report for the reporting period 2 Oct 18 to 18 Oct 18 (4) HQMC ltr 1070 Sect of 7 Oct 19 1. Pursuant to the provisions of the reference, Petitioner, a 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. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 February 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, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. The Board made the following findings: a. On 12 October 2018, Petitioner was issued enclosure (2), a 6105 entry counseling him for failing his initial physical fitness test (PFT) during Drill Instructor (DI) school. Petitioner noted that the counseling was issued before his fitness report was finalized. As evidence, Petitioner submitted his fitness report for the reporting period 2 October 2018 to 18 October 2018, enclosure (3). Section I of Petitioner’s fitness report notes that he was dropped for medical reasons, and the report is not adverse in nature. b. The advisory opinion (AO), enclosure (4), recommended that Petitioner’s counseling entry be removed. The AO noted that Petitioner’s fitness report for the contested period was not observed, and Petitioner was dropped from DI School due to medical reasons. Additionally, the AO noted that there is no record of a failed PFT in Petitioner’s record. CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. The Board substantially concurred with the AO. The Board noted that Petitioner’s fitness report notes that he was dropped due to medical reasons. The Board also noted that there is no record of a failed PFT in Petitioner’s record. The Board thus concluded that the entry at enclosure (2) shall be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 12 October 2018 Page 11 6105 counseling entry. 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/database entries that reference 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.