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/enclosures 
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 8 Sep 17 
      (3) RELM Request of 17 Apr 20 
 
1.  Pursuant to the provisions of the reference, 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 8 September 2017 Administrative Remarks (Page 11) 6105 counseling entry. 
                                           
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 1 April 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.  Petitioner was issued enclosure (2), a Page 11 6105 counseling concerning his violation of Article 120, Uniform Code of Military Justice for “rape, sexual assault, and other sexual misconduct.”  Specifically, “[y]our behavior bordered, if not crossed, the line of sexual harassment.”  Petitioner acknowledged the entry, but failed to indicate whether he did or did not intend to submit a written rebuttal.   
 
      c.  On 17 April 2020, Petitioner requested a 48 month reenlistment in the Marine Corps via the Reenlistment Extension Lateral Move (RELM) request at enclosure (3).  Due to the contested Page 11 entry, Petitioner’s request required a Commanding General (CG) waiver.  His CG reviewed the reports from the sexual assault incident that occurred in 2017, and determined that, “since the case was not substantiated, [Petitioner] should not have received the Page 11.”  His CG granted the waiver and strongly supported Petitioner’s reenlistment for 24 months, for further observation and to allow Petitioner to correct his record. 
 
     d.  Petitioner contends that he was counseled by his Sergeant Major, and told that the Page 11  would not be submitted for inclusion in his official military personnel file (OMPF).  He also asserts that he was not afforded the opportunity to make a rebuttal, and that he did not receive an adverse fitness report as a result of the counseling.  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board noted that Petitioner’s CG determined that Petitioner should not have received the Page 11, and also granted him a reenlistment waiver to reenlist and allow time to petition the Board to correct his record.  Accordingly, the Board determined that Petitioner’s 8 September 2017 Page 11 6105 counseling entry shall be removed from his OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the 8 September 2017 Page 11 6105 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
     
4/20/2021
Executive Director