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 
         (b) MCO 1754.11 
  
Encl:   (1) DD Form 149 w/enclosures 
 (2) Administrative Remarks (Page 11) 6105 counseling entry of 11 Jan 19 
    
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 from his official military personnel file (OMPF).  
 
2.  The Board, consisting of Mr.  , Mr.  , and Ms.  , 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 the subject of a Command Investigation which found that he violated MCO 5354.1E by wrongfully engaging in unwelcome sexual advances and offensive comments of a sexual nature constituting sexual harassment.  Due to the behavior, Petitioner was removed as an instructor at    .  Petitioner received enclosure (2), an Administrative Remarks page 11 on 11 January 2019 which stated “I understand that I am being processed for the following judicial or adverse administrative action: Administrative Separation.”  Petitioner submitted a rebuttal to the page 11 on 17 January 2019. 
 
      c.  Petitioner contends that the page 11 is based only on a biased investigation and that the page 11 is invalid as he was never processed for administrative separation per the counseling nor did he receive an adverse fitness report regarding the incident.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants partial relief.  The Board found that the page 11 entry contains an erroneous sentence referring to an administrative separation that never occurred.  The Board thus concluded that Petitioner’s page 11 at enclosure (2) shall be modified by redacting the sentence, “I understand that I am being processed for the following judicial or adverse administrative action: Administrative Separation.” 
 
The Board, however, determined that the page 11 should not be expunged.  In this regard, the Board determined that the Commanding Officer had justification to counsel the Petitioner based on significant evidence from the command investigation.  In addition, the Board found removal of the page 11 is not warranted as the modification to the entry corrects the error.  The Board thus concluded that the page 11 entry, as modified, shall remain in Petitioner’s record.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Modify Petitioner’s 11 January 2019 page 11 counseling entry by removing the sentence,  “I understand that I am being processed for the following judicial or adverse administrative action: Administrative Separation.” 
 
No further relief be granted. 
 
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. 
    
5/11/2021
Executive Director