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

Docket No. 4305-20 
Ref: Signature Date 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF 
Ref: (a) Title 10 U.S.C. § 1552 (b) MCO P1070.12K 

Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (page 11) 6105 counseling entries of 28 Mar 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 two Administrative Remarks (page 11) 6105 counseling entries 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. Petitioner received enclosure (2), two Administrative Remarks page 11 entries, on 28 March 2019. One counseled Petitioner for misconduct (drug abuse), which stated “I understand that I am being processed for the following judicial or adverse administrative action: Administrative Separation.” The second counseled Petitioner that he was “not eligible for promotion to the next grade while undergoing processing for involuntary administrative separation IAW MCO P1400.32.” Petitioner submitted a rebuttal to the page 11 entries on 2 Apri1 2019. 

c. Petitioner contends that the page 11 entries are invalid as he never abused drugs, he did not receive an adverse fitness report regarding the allegation, and an Administrative Discharge Board on 11 September 2019 voted unanimously to retain Petitioner. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants partial relief. The Board noted that reference (b) states that commanders are “not to make entries on page 11 which concern administrative discharge proceedings...if the proceedings, upon final review, do not result in an administrative discharge.” The Board found that the first page 11 entry contains an erroneous sentence. The Board thus concluded that Petitioner’s first 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 first page 11 entry 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 first page 11 is not warranted as the modification to the entry corrects the error. The Board thus concluded that the first page 11 entry, as modified, shall remain in Petitioner’s record. With respect to the second page 11 entry of 28 March 2019, ineligibility for promotion, the Board determined that the entry could not be redacted or modified to correct the error and thus concluded that the second page 11 entry of 28 March 2019 shall be removed from Petitioner’s record. 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action. 

Modify Petitioner’s first 28 March 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.” Remove Petitioner’s second 28 March 2019 page 11 counseling entry of 28 March 2019. 

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. 

5/24/2021 

2