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 27 Feb 19 
 (3) Petitioner rebuttal undated 
   
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 18 December 2018 Petitioner was involved in a domestic disturbance in which military police were called to respond.  On 27 February 2019 Petitioner received a page 11 counseling entry stating “This disturbance also resulted in the involvement of Family Advocacy and was the subject of allegations considered by an Incident Determination Committee (IDC) on 20190220 that determined your behavior ‘Met Criteria’ for intimate partner emotional maltreatment.” Petitioner submitted a rebuttal to the page 11, enclosure (3). 
 
      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 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 27 February 2019 and Petitioner’s rebuttal.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s 27 February 2019 page 11 6105 counseling entry and Petitioner’s rebuttal. 
 
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