Docket No: 2102-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO CORPORAL 
  XXX XX   USMC 
 
Ref:  (a) 10 U.S.C. § 1552 
   
Encl: 	(1) DD Form 149 w/attachments  
   	(2) NAVMC 118(11) counseling entries of 22 Sep 17 
 	(3) Sr Mbr ltr 1910 ADSEP of 27 Feb 18 
 	(4) HQMC memo 1070 JPL of 3 Apr 20 
  
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 and a corresponding non-recommendation for promotion counseling entry from his official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 April 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
 a.  On 22 September 2017, Petitioner was issued enclosure (2), which contains two Page 11 counseling entries notifying him that he was being processed for administrative separation for possession of a controlled substance, and that he was eligible but not recommended for promotion to corporal due to his then-pending administrative separation.  Petitioner contends that the counseling entries were entered in his OMPF before he was “acquitted of all charges” at his administrative discharge board.  As evidence, Petitioner submitted enclosure (3), his administrative discharge board results.   
 
 b.  The administrative discharge board determined by majority vote that the preponderance of the evidence did not prove any of the acts or omissions alleged in the notification.  Therefore, the administrative separation board unanimously recommended that Petitioner be retained in the Marine Corps. 
  
 c.  The advisory opinion (AO), enclosure (4), recommended that Petitioner’s Page 11 entries that refer to “pending administrative separation” be removed from his OMPF.  The AO determined that, in accordance with Marine Corps Order (MCO) P1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), a command should “not make entries on the Page 11 which concern administrative discharge or competency review proceedings if they do not, upon final review, result in discharge or reduction.”   
  
CONCLUSION  
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board substantially concurred with the AO that commands should not make entries on a Page 11 that concern administrative discharge if, upon final review, a Service member is not discharged.  Further, merely removing from the 6105 Page 11 entry the statement that Petitioner was being processed for separation will not cure the error, since administrative separation processing is mandatory for members who use or possess drugs.  The Board noted that the administrative discharge board unanimously voted that the preponderance of the evidence did not prove the acts or omissions alleged in the notification and likewise recommended that Petitioner be retained in the Marine Corps.  The Board thus determined that the counseling entries are in error and shall be removed in their entirety.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 22 September 2017 Page 11 counseling entries.   
 
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.