DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 3891-20 Ref: 
Signature Date 
From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF FORMER 
Ref: (a) Title 10 U.S.C. § 1552 (b) MCO 1754.11 
Encl: (1) DD Form 149 w/enclosures 
      (2) administrative Remarks (Page 11) 6105 counseling entry of 21 Mar 18 
       (3) Petitioner rebuttal of 28 Mar 18 

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 an Administrative Remarks (Page 11) 6105 counseling entry and rebuttal statement from his official military personnel file (OMPF). 

2. The Board, consisting of                    , 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 20 February 2018 the Incident Determination Committee (IDC) at Naval Station          determined Petitioner’s case met criteria for partner physical abuse. On 21 March 2018 Petitioner received a page 11 counseling entry stating “the IDC determined that the case met the criteria for partner physical abuse and issued specific recommendations. Your command,   , concurred with all IDC recommendations and provided you with a copy of the same.” Petitioner submitted a rebuttal to the page 11 on 28 March 2018. 

c. Petitioner contends that the page 11 is based only on the findings from the IDC in violation of Marine Corps Order 1754.11, which states that the incident status determination should not be included in the service record of any service member or family member. 


CONCLUSION 
Upon review and consideration of all the evidence of record the Board determined that Petitioner’s request warrants relief. The Board found that the page 11 entry is invalid as it is entirely based on the IDC’s finding in violation of reference (b). The Board thus concluded that Petitioner’s record shall be corrected by removing 6105 counseling entry of 21 March 2018 and Petitioner’s rebuttal of 28 March 2018. 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action. Remove Petitioner’s 21 March 2018 Page 11 6105 counseling entry and Petitioner’s rebuttal of 28 March 2018. 

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. 


5/20/2021 

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