DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 

Docket No. 176-20
Ref: Signature Date

Subj:REVIEW OF NAVAL RECORD OF USMC 

Ref:    (a)Title 10 U.S.C. § 1552
        (b)MCO P1070.12K

Encl:  (1) DD Form 149 w/enclosures
       (2)Administrative Remarks (Page 11) 6105 counseling entry of 29 Aug 17
       (3)SMM ltr 600 ALD-G of 19 Dec 19

1.Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filedenclosure (1) with the Board for Correction of Naval Records (Board), requesting that his navalrecord be corrected by removing an Administrative Remarks (Page 11) 6105 counseling entrydated 29 August 2017 from his official military personnel file (OMPF).

2.The Board, consisting of     , pursuant to itsregulations, determined that the corrective action indicated below should be taken on theavailable evidence of record.  Documentary material considered by the Board consisted of theenclosures, 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 oferror and injustice, found as follows:

  a. Before applying to this Board, Petitioner exhausted all administrative remedies availableunder existing law and regulation within the Department of the Navy. 

  b. On 29 August 2017, Petitioner received counseling from a master sergeant in his unitregarding a failure to attend physical training; Petitioner claims he was told that the counseling would not be submitted in his record.  Petitioner later discovered the Page 11 (enclosure (2)) in his OMPF.  

  c. Petitioner contends that the Page 11 should be removed because his chain of commandwas unaware of the Page 11, the Commanding Officer (CO) did not sign the Page 11 and Petitioner was not allowed the opportunity to make a statement in rebuttal.  Petitioner noted that his fitness report during the time was not marked adverse and did not refer to the Page 11.  Petitioner submitted with his request a letter from the  Legal Officer Officer-In-Charge at the time of the incident (enclosure (3));    states that his office did not process Petitioner’s Page 11 nor submit it for inclusion into Petitioner’s OMPF.   

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board found that the Page 11 entry is invalid as it was not signed by an OIC or CO and did not give the Petitioner an opportunity for rebuttal in violation of reference (b).  The Board thus concluded that Petitioner’s record shall be corrected by removing the Page 11 dated 29 August 2017. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Remove Petitioner’s 29 August 2017 Page 11 6105.   

4.It is certified that a quorum was present at the Board’s review and deliberations, and that theforegoing 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 theBoard 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 onbehalf of the Secretary of the Navy.

Executive Director