Docket No. 3829-20
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/enclosures 
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 25 Mar 20 
      (3) CO,  ltr 1000 CO of 24 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 25 March 2020 Administrative Remarks (Page 11) 6105 counseling entry. 
                                           
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 8 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 containing two 6105 counseling entries.  One entry is for failing to receive a passing run time for the Marine Corps Physical Fitness Test, and the other was for his violation of Article 92, Uniform Code of Military Justice (UCMJ) for wearing inappropriate civilian attire.  Petitioner contends that the entry alleging his violation of Article 92, UCMJ was issued by his command in error, and that he mistakenly signed it without reading the entry.  Subsequently, the Page 11 with both counseling entries was inserted into his official military personnel file (OMPF). 
 
      c.  Petitioner’s Commanding Officer furnished enclosure (3), a letter requesting the contested 6105 counseling entry be removed from Petitioner’s OMPF.  
  
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 command made an administrative error and included an erroneous 6105 counseling entry on the same Page 11 that contained another, legitimate entry counseling Petitioner for failing to receive a passing run time for the Marine Corps Physical Fitness Test.  Accordingly, the Board determined that Petitioner’s 6105 counseling entry regarding his violation of Article 92, UCMJ shall be redacted from the Page 11 at enclosure (2). 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by redacting the 25 March 2020 counseling entry regarding his violation of Article 92, UCMJ, from the Page 11 at enclosure (2). 
 
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.