Docket No: 4572-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO XXX XX USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
  (2) CO,  of 18 Oct 18 
  (3) Administrative Remarks NAVMC 118(11) of 24 Oct 18 
  (4)  ltr of 29 Oct 18  
      
1.  Pursuant to the provisions of the reference, 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 24 October 2018 Administrative Remarks (page 11) counseling entry and rebuttal statement. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 18 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 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Enclosure (2) is a withdrawal and dismissal of charges against Petitioner.  Petitioner’s Commanding Officer (CO) determine that the case would be adjudicated through administrative means due to a lack of victim participation.   
 
     b.  On 24 October 2018, Petitioner was issued enclosure (3), a 6105 page 11 entry counseling him for removing a Marine from his home, against his will, after smelling what he believed to be marijuana and failed to notify his chain of command of his actions.  Petitioner submitted enclosure (4) in response to his page 11 entry. 
     
     c.  Petitioner contends he was never counseled by the CO and the counseling entry was signed by a Chief Warrant Officer.      
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  In this regard, the Board noted that Petitioner’s contested page 11 entry was written and issued according to the Marine Corps Individual Records and Administration Manual and the Board found no evidence that the Marine that issued entry was not authorized to do so.  However, the Board also noted the correspondence furnished by Petitioner’s CO, specifically, the statement regarding the lack of victim participation, and determined that without a statement from the victim, there is insufficient evidence that Petitioner removed the Marine against his will.  Accordingly, the Board determined that Petitioner’s 24 October 2018 page 11 entry and 29 October 2018 rebuttal statement shall be removed.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 24 October 2018 Administrative Remarks 6105 counseling entry and 29 October 2018 rebuttal statement. 
 
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
Executive Director