From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO 
 
 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 her naval record be corrected to remove a 20 March 2020 counseling statement from her record.   
                                              
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 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 November 2016.  On 21 December 2017, non-judicial punishment was imposed on her for adultery.  Subsequently, Petitioner was counseled on 20 March 2020 for fraternizing with a non-commissioned officer (NCO) at her command and submitted a rebuttal statement that was included in her record.  However, the counseling references Navy Regulations 1165 which prohibits unduly familiar relationships between enlisted and officer personnel.  In addition, a duplicate copy of the 20 March 2020 appears in her record.   
 
     c.  On 14 May 2020, Petitioner was again counseled for failing to abide by COVID-19 quarantine requirements in violation of an existing order.  Petitioner was discharged on 27 November 2020 at the completion of her required active service. 
                                    
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 that the counseling statement from 20 March 2020 erroneously list Navy Regulations 1165 as the basis for Petitioner’s misconduct.  As explained previously, Navy Regulations 1165 only prohibits unduly familiar relationship between enlisted and officer personnel.  Therefore, the Board determined the reference to Petitioner violating Navy Regulations 1165 should be redacted from the counseling statement. 
 
Regarding Petitioner’s request to remove the entire counseling statement from 20 March 2020, the Board disagreed.  In reviewing Petitioner’s arguments that the NCO was only seasonally attached to her command and not in her direct chain of comment, the Board did not find them persuasive.  Marine Corps Manual prohibits personal relationships between NCOs and junior Marines when the relationship is prejudicial to good order and discipline.  In Petitioner’s case, her Commanding Officer concluded that her relationship with the NCO was unduly familiar and resulted in the disruption of good order and discipline since it affected the workplace.  Based on this evidence, the Board concluded Petitioner’s relationship with the NCO was prohibited and the proper subject of a counseling statement.  
 
The Board did not address Petitioner’s assertion that her rebuttal statement to the 20 March 2020 counseling was not in her record since a review of her record determined her rebuttal statement exists in her record.  Regarding Petitioner’s complaint that a duplicate copy of her 20 March 2020 counseling exists in her record, this is an administrative error that can be addressed by Headquarters, U.S. Marine Corps. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by redacting the language “and is a direct violation of Article 1165 of the U.S. Navy Regulations” from the counseling statement dated 20 March 2020.  The duplicate copy of the 20 March 2020 counseling statement will be removed from Petitioner’s record as an administrative error. 
 
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.