Docket No: 2671-20
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  XXX XX USMC     
 
Ref:  (a) Title 10 U.S.C. § 1552 
    
Encl: (1) DD Form 149 w/attachments  
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 21 Jun 12 
      (3) Administrative Remarks (Page 11) 6105 counseling entry of 11 Jul 12 
      (4)  ltr 1000 FLL of 19 Feb 13 
      (5) BCNR ltr HCG Docket No. 1975-16 of 13 Feb 17 
      (6)  ltr 1000 CO of 16 Mar 20 
      (7) HQMC memo 1070 SEC of 19 May 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 his 21 June 2012 Administrative Remarks (Page 11) 6105 counseling entry from his Official Military Personnel File (OMPF). 
 
2.  The Board, consisting of ,     reviewed Petitioner’s allegations of error and injustice on 12 March 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.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.   
 
 c.  On 21 June 2012, petitioner was issued enclosure (2), a Page 11 6105 entry counseling him for failing to obey an order by consuming alcoholic beverages underage in the barracks.  On 11 July 2012, he was issued enclosure (3), a Page 11 6105 entry counseling him for possession and consumption of alcohol underage.   
 
 d. On 13 February 2017, the Board denied Petitioner’s request to remove enclosure (2) due to insufficient evidence to substantiate Petitioner’s contention the contested Page 11 at enclosure (2) was a duplicate entry stemming from the same incident as the Page 11 at enclosure (3).  Although Petitioner’s commanding officer (CO) provided enclosure (4) commenting that the  entry was an administrative oversight on his part, the Board determined the CO’s letter did not explain the second entry dated 11 July 2012 which was signed by a different CO and denied his request to remove enclosure (2).  See enclosure (5).   
 
 e.  As part of enclosure (1), Petitioner submitted enclosure (6), a letter from the CO that issued him the 11 July 2012 Page 11 6105 counseling entry at enclosure (3).  The CO stated the Page 11’s were issued for the same action due to an administrative oversight at the company level and, endorsing the company-level CO’s enclosure (4) request, requested removal of the 21 June 2012 Page 11 entry.   
 
 f.  The Advisory Opinion (AO) at enclosure (7) recommends removal of enclosure (2) from Petitioner’s OMPF. 
  
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief. The Board noted the CO’s request to remove the Page 11 counseling at enclosure (2) based on his determination that it was due to an administrative oversight at the company level because it was issued for the same action as the Page 11 counseling he issued on 11 July 2012.  The Board, relying on the AO at enclosure (7), concluded it was in the interest of justice to remove the Page 11 counseling.   
 
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 21 June 2012. 
 
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.