Docket No: 3895-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER   XXX XX USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
      (2) CO, ltr 5800 CO of 14 Nov 19 
      (3) Administrative Remarks NAVMC 118(11) of 5 Mar 20 
      (4) ltr 1605  of 6 Mar 20  
      (5) Legal Assistance Officer ltr 5000-82 LSSS of 10 Mar 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 5 March 2020 Administrative Remarks (page 11) counseling entry and rebuttal statement. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 4 May 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 14 November 2019, Petitioner was issued enclosure (2), an order of support directing him to pay $925.50 per month to his spouse until a support agreement or judicial order is obtained.   
 
     b.  On 5 March 2020, Petitioner was issued enclosure (3), a 6105 page 11 entry counseling him for failing to provide the required amount of support on multiple occasions.  Petitioner submitted enclosure (4) in response to his page 11 entry. 
     
     c.  Petitioner contends that his page 11 entry was incorrectly written.  As evidence he furnished enclosure (5), correspondence from the Legal Assistance Office (LAO) and bank transactions from November 2019 through February 2020.  The legal assistant noted that Petitioner’s commanding officer (CO) acted within his authority when ordering Petitioner to pay $925.50 per month.  The legal assistant also noted that based upon bank statements furnished by Petitioner, he not only made the minimum payments per month, he provided more than he was required to pay.  Specifically, between December 2019 and February 2020, Petitioner was required to pay a total of $2,776.00, instead he provided $3,895.25.      
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  In this regard, the Board noted that Petitioner’s contested page 11 entry was written and issued according to the Marine Corps Individual Records and Administration Manual.  However, the Board also noted the correspondence furnished by the Legal Assistance Office and Petitioner’s bank transactions, and determined that Petitioner’s evidence supports the fact that he not only provided the required financial support, but his payments exceeded the required amount.  Accordingly, the Board determined that Petitioner’s 5 March 2020 page 11 entry and 6 March 2020 rebuttal statement shall be removed.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 5 March 2020 Administrative Remarks counseling entry and 6 March 2020 rebuttal statement. 
 
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.   
  
5/16/2021
Executive Director