From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD ICO  XXX XX USMC     
 
Ref:  (a) Title 10 U.S.C. § 1552 
    
Encl: (1) DD Form 149 w/attachments  
      (2) Administrative Remarks (Page 11) entry of 11 Feb 20 
      (3) Petitioner’s rebuttal w/supporting emails of 12 Feb 20 
      (4)  memo 1616 MEC of 11 Feb 20 
    
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting his naval record be corrected by removing the 11 February 2020 Administrative Remarks (Page 11) 6105 counseling entry from his Official Military Personnel File. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 16 April 2021 and, pursuant to its regulations, determined 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 11 February 2020, Petitioner was issued enclosure (2), a Page 11 entry counseling him for willfully disobeying a superior commissioned officer.  In rebuttal to the Page 11 entry, Petitioner submitted enclosure (3) which includes an explanation of the 11 February 2020 events and supporting emails.   
 
     c. Petitioner contends he has been the “target of repeated attempts of reprisal” after he requested mast with the Brigadier General on 19 December 2018, and the Page 11 counseling entry is one example of the reprisal he’s experienced.  He further contends he has been the “focus of systematic bullying and attempted ostracism” by the senior leadership of his command. 
 
In support of his contentions, Petitioner submitted enclosure (4), a letter detailing a conversation between the Executive Officer and the Sergeant Major overheard by the Operations Officer.   
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.  The Board, relying upon the emails included in Petitioner’s rebuttal statement and the letter from the Operations Officer, concluded Petitioner did not willfully disobey the superior commissioned officer, but instead made a concerted effort to complete the assigned task.  The Board concluded the Page 11 counseling entry was unjust and determined it was in the interest of justice to remove the Page 11 entry and the corresponding rebuttal statement.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the Page 11 counseling entry of 11 February 2020 and enclosure (3), the rebuttal of 12 February 2020. 
 
That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.   
 
  
4/25/2021
Executive Director