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

Docket No: 4368-20 
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 (IRAM) 
(c) MCO P1900.16 (MARCORSEPMAN) 
 
Encl:  (1) DD Form 149 
(2) Administrative Remarks (Page 11) 6105 counseling entry of 1 July 2014  

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. 

2. The Board, consisting of                    reviewed Petitioner's allegations of error and injustice on 6 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 the 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, finds as follows: 

a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b. On 1 July 2014, Petitioner was issued enclosure (2), a Page 11counseling him regarding his failure to exercise sound judgment. Specifically, Petitioner, who was legally married, engaged in an inappropriate relationship with another woman whom he knew to be married, and made numerous posts on social media that displayed the relationship. Petitioner acknowledged the entry and chose not to submit a written rebuttal. 

c. Petitioner contends that the Page 11 counseling is false because he was legally separated from his former spouse and the other service member was also legally separated. He also contends that the counseling was adversity affected promotions. Petitioner also furnished evidence that when the Page 11 was issued, he had been legally separated since 22 June 2013, and the woman he was having a relationship with had been legally separated since 29 May 2012. 

d. Reference (b) provides that administrative remarks be limited to matters forming an essential and permanent part of a Marine’s military history, which are not recorded elsewhere in the record or Marine Corps Total Force System, and which will be useful to future commanders. References (b) and (c) provide commanders wide discretion regarding the subject-matter of a counseling, so long as a commanding officer has the necessary understanding of the facts and circumstances surrounding the subject matter of the counseling in order to exercise the judgment entrusted upon him or her. 

CONCLUSION 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. In reaching its decision, the Board acknowledged that Petitioner’s Commanding Officer was within his discretionary authority to issue the Page 11 counseling, and that the Petitioner did not submit a rebuttal to the counseling, his best opportunity to contest the alleged misconduct. However, the Board noted that Petitioner’s evidence shows that, although both parties were still married to different people, they were both legally separated well before the purported inappropriate six-month-long relationship that Petitioner was counseled for. The Board thus concluded that the entry serves no useful purpose and that it shall be removed from his official military personnel file. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 
Petitioner’s naval record be corrected by removing enclosure (2), his 1 July 2014 Page 11 6105 counseling entry. 

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 Regulation, 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. 


6/2/2021 

2