Docket No: 9559-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  
   
 
Ref:  (a) Title 10 U.S.C. § 1552 
   
Encl: (1) DD Form 149 w/attachments  
   (2) NAVMC 118(11) Administrative Remarks of 5 Jun 18 
 (3)  ltr 1000 CMS of 7 Jun 18 
 (4) HQMC memo 1070 SEC of 12 Feb 20 
 
1.  Pursuant to the provisions of the reference, Petitioner, a 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 his 5 June 2018 Administrative Remarks (page 11) and 7 June 2018 rebuttal statement from his official military personnel file (OMPF).  Additionally, Petitioner request to remove his fitness report for the reporting period 1 February 2018 to 5 June 2018. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 24 November 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 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, with the exception of his request to remove his fitness reports for the reporting period 1 February 2018 to 5 June 2018.  Therefore, the Board only considered Petitioner’s request to remove his page 11 entry and rebuttal statement. 
 
     b.  On 5 June 2018, Petitioner was issued enclosure (2), a 6105 entry counseling him for failing to exhibit military attributes to a degree appropriate for a commissioned officer, which has established a pattern of poor performance, a loss of trust and confidence, and demonstrated a lack of leadership.  The entry also notified Petitioner that he is relieved for cause. 

     c.  Petitioner contends that the 6105 entry was wrongfully entered into his record.  Specifically, a 6105 is not the correct administrative remedy for a commissioned officer, the counseling entry should have been issued pursuant to paragraph 3005 of the Marine Corps Individual Records Administration Manual (IRAM), and 6105 counseling’s are not to be used in officer cases.  Petitioner also contends that the entry is riddled with factual and administrative inaccuracies and a report of misconduct was not issued. 
 
     d.  Enclosure (4), the advisory opinion (AO), furnished by the   recommended removing Petitioner’s page 11 entry.  The AO noted that the IRAM authorizes commanders to issue page 11 entries to officers for misconduct or substandard performance of duty, however, counseling entries for an officer shall be issued pursuant to paragraph 3005.  The AO concluded that paragraph 6105 of the Marine Corps Separations Manual (MARCORSEPMAN) only applies to enlisted Marines.  
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action.  The Board substantially concurred with the AO that Petitioner’s 6105 page 11 entry was issued in error.  In this regard, the Board noted that pursuant to the MARCORSEPMAN, 6105 entries only apply to enlisted Marines.  The Board also noted Petitioner’s request to remove his fitness report for the reporting period 1 February 2018 to 5 June 2018 and determined that the Marine Corps Performance Evaluation Review Board (PERB) is the initial action agency for fitness report appeals, therefore Petitioner must submit a request to the PERB in accordance with the Performance Evaluation Appeals Manual.  The Board concluded that Petitioner’s contested page 11 entry and rebuttal statement 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 5 June 2018, Administrative Remarks 6105 page 11. 
 
Petitioner’s naval record be corrected by removing his 7 June 2018, rebuttal statement. 
 
No other changes to Petitioner’s record.  
 
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.