Docket No. 4335-20
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF     USMCR     
 
Ref: (a) Title 10 U.S.C. § 1552  
     (b) MCO P1070.12K 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (Page 11) counseling entry of 9 Mar 18 
      (3)  ltr 1910 Legal of 28 Sep 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 his 9 March 2018 Administrative Remarks (Page 11) counseling entry. 
                                           
2.  The Board, consisting of    , reviewed Petitioner’s allegations of error and injustice on 8 April 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 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 issued enclosure (2), a Page 11 promotion-restriction counseling entry due to his “pending Administrative Separation for Misconduct . . .”   
 
      c.  On 28 September 2018, an Administrative Discharge Board (ADB) determined that the preponderance of the evidence did not prove any of the acts or omissions alleged in the administrative separation processing notification.  Consequently, Petitioner was not separated, and was instead, retained on active duty. 
 
     d.  Per reference (b), Page 11 entries that concern administrative discharge will not remain in a member’s official military personnel file (OMPF) if they do not, upon final review, result in discharge or reduction. 

CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board noted that Petitioner was not ultimately separated as a result of mandatory separation processing, and pursuant to reference (b), the Board concluded that the contested Page 11 shall be removed from Petitioner’s OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the 9 March 2018 promotion-restriction counseling entry. 
 
That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 
 
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.