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

Docket No.4570-20 

From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF  XXX XX USMC 

Ref: (a) 10 U.S.C. § 1552
 (b) MCO P1070.12K (IRAM) 

Encl: (1) DD Form 149 w/enclosures 
(2) Administrative Remarks (Page 11) counseling entry of 24 Feb 20 

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 her naval record be corrected by removing her Administrative Remarks (Page 11) counseling entry at enclosure (2). 

2. The Board, consisting of Mr. , Ms. , and Mr., reviewed Petitioner’s allegations of error and injustice on 3 June 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. On 24 February 2020, Petitioner was issued a Page 11 6105 entry counseling her due to disenrollment from the Staff Noncommissioned Officer Academy after she was cited by civilian authorities for consuming an alcoholic beverage in the passenger area of a motor vehicle.   Petitioner elected to submit a written rebuttal, but the rebuttal is not is her official military personnel file (OMPF), and there is no counter-entry indicating that she did not submit her rebuttal. 

c.  Petitioner contends that she submitted her rebuttal in a timely manner, but that it was not inserted into her OMPF, denying her the opportunity to present her side of the situation.   

CONCLUSION 

Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board determined that removal of the contested Page 11 entry would constitute an excessive degree of redress.  The Board, however, note that Petitioner elected to submit a written rebuttal, which was not entered into her OMPF.  Therefore, the Board concluded that Petitioner shall be allowed an opportunity to submit a rebuttal statement, providing it is in compliance with reference (b). 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 
Petitioner shall be allowed to submit for inclusion into her OMPF a rebuttal to enclosure (2), her 24 February 2020 Page 11 6105 counseling entry. If Petitioner elects to submit a rebuttal, it must be in compliance with reference (b) and received by Headquarters, Marine Corps (MMRP) within 60 days of receipt of this letter. 
That 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. 


6/21/2021 

Executive Director