DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3100-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 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) counseling entry of 16 Oct 19 (3) HQMC memo 1070 JPL 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 that his naval record be corrected by removing his 16 October 2019 Administrative Remarks (Page 11). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 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 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 12 October 2019, Military Police went to Petitioner’s residence after they received a call from his wife that assistance was needed. At 1321, police made contact with Petitioner. At 1332, Emergency Medical Services (EMS) arrived at the residence. Petitioner was transported to Naval Hospital at 1348. c. On 16 October 2019, Petitioner was issued enclosure (2), a Page 11 6105 counseling him for violation of the Uniform Code of Military Justice (UCMJ), Article 134 (drunkenness and disorderly conduct). The entry states that Petitioner was “apprehended at [his] residence by PMO for drunk and disorderly conduct” and escorted to the Naval Hospital for evaluation. d. Enclosure (3) is an advisory opinion (AO) furnished by the Headquarters Marine Corps Military Personnel Law Branch (JPL). The AO recommended Petitioner’s request to remove the contested Page 11 be approved. The AO determined that the Military Police Incident Report does not state that Petitioner was apprehended nor does it state an offense. Additionally, the AO noted that the events of 12 October 2019 were not in violation of Article 134, UCMJ because, in order to be charged with “Disorderly Conduct, Drunkenness,” a service member’s conduct must be of a nature to bring discredit upon the armed forces or directly prejudicial to good order and discipline. Here, Petitioner was intoxicated at his home, with only his family as witnesses. His conduct did not affect the peace and quiet of witnesses or outrage public decency, as required for a charge of disorderly conduct. JPL also determined that the incident was not an alcohol-related incident requiring a Page 11 entry because the event on 12 October 2019 was not a criminal act nor misconduct. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants relief. In this regard, the Board determined that Petitioner did not violate Article 134, UCMJ. Additionally, although reference (b) provides commanding officers with wide discretion regarding the subject-matter of a counseling, the Board determined that the incident was not an alcohol-related incident requiring a Page 11 entry. Accordingly, the Board determined that Petitioner’s 16 October 2019 Page 11 counseling entry shall be removed from his official military personnel file. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s naval record be corrected by removing enclosure (3), the 16 October 2019 Page 11 counseling entry. 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. Sincerely, 3/22/2021