DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9430-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/enclosures (2) Administrative Remarks (Page 11) 6105 counseling entry of 9 May 19 and Petitioner’s Rebuttal (undated) (3) CO ltr 5800 CO (undated) 1. Pursuant to the reference, 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. 2. The Board, consisting reviewed Petitioner’s allegations of error and injustice on 26 November 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, 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 9 May 2019, was issued a Page 11 entry, counseling him for being indirectly involved in an incident which resulted in a junior Marine reporting that he sustained a concussion. Petitioner acknowledged the counseling and submitted a rebuttal. c. Petitioner contends that the counseling was erroneously entered into his record, and that after he was issued the counseling, his Commanding Officer (CO) decided after further investigation, the entry was not warranted. Enclosure (2) is a letter from Petitioner’s CO, who determined that the entry should not have been submitted for inclusion in Petitioner’s official military personnel file (OMPF), and requested that the entry be removed. CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. In this regard, the Board noted that Petitioner’s CO decided to retract the entry, and that it should not have been submitted for inclusion in Petitioner’s OMPF. The Board thus concluded that the entry at enclosure (2) shall be removed from Petitioner’s OMPF. RECOMMENDATION In view of the above, the Board recommends the following corrective action: Petitioner’s record be corrected by removing his 9 May 2019 Page 11 6105 counseling entry at enclosure (2). Any material or entries inconsistent with or relating to theBoard’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. 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.