Docket No: 2799-20
Ref: Signature Date

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  
 
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 that his naval record be corrected to removal the 6105 counseling statement from 31 May 2019 and a fitness report covering the period of 1 October 2018 through 6 June 2019.  
                                              
2.  The Board, consisting of   , reviewed Petitioner's allegations of error and injustice on 25 March 2021, 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 the 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.   
 
     b.  Petitioner entered active duty with the Marine Corps in 2002.  He transferred to Recruiting  October 2018 and is assigned as SNCOIC of Recruiting    From October 2018 through May 2019, Petitioner performed well in his duties but was counselled at least once regarding his failure to meet shipping and contracting requirements.  However, a 23 May 2019 command inspection concluded he was performing his duties in a satisfactory manner despite struggling to meet shipping requirements.  Based on Petitioner’s failure to meet monthly shipping requirements and contracting requirements, Petitioner was issued a 6105 counseling statement on 31 May 2019.  He submitted a rebuttal to the counseling arguing that his failure to meet his requirements was due to pool attrition and lack of staff training.  He pointed out that he missed his shipping requirements by one recruit and explained the circumstances of that case. 
 
     c.  Upon Petitioner’s transfer to , he was issued a fitness report ending on 6 June 2019.  The report had a 4.08 average with a relative value of 84.29 and contained laudatory comments.  Subsequent to his transfer, Petitioner filed an Inspector General hotline complaint regarding travel fraud and command climate issues that was determined to be unsubstantiated in March 2020.  
 
     d.  Petitioner argues in his application to this Board that the 6105 counseling statement was not based on poor performance but a personal dislike by the Commanding Officer.  He also alleges that he was assigned poor marks on his 6 Jun 2019 fitness report due to his complaint against his command.  
                                    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief.  Specifically, the Board concluded Petitioner’s 31 May 2019 6105 counseling should be removed from his record.  While the Board determined there was no error in issuing the counseling, the Board felt that the preponderance of the evidence supports a finding that maintaining the counseling in his record would create an injustice.  The Board relied on the findings of the May 2019 command inspection that concluded Petitioner was “doing a good job in the performance of his duties” along with evidence that he barely missed meeting his shipping requirements in concluding that it would be an injustice to maintain the counseling in his record.   
 
Despite the Board’s favorable determination that Petitioner’s 6105 counseling should be removed from his record, they concluded the preponderance of the evidence does not support removing the fitness report covering the period 1 October 2018 through 6 June 2019.  While the Petitioner asserts that he was assigned poor marks due to a complaint filed against the command, the Board noted that his complaint was filed more than three months after his fitness report was issued.  As a result, the Board concluded there was insufficient evidence of a nexus between his fitness report and the complaint filed subsequent to his transfer to  . 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing the 6105 counseling statement dated 31 May 2019 from his 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 Regulation, 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.