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

Docket No. 4575-20 
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 w/ ch 1 
Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (6105) counseling entry 26 May 21 

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 (6105) counseling, enclosure (2), from his official military personnel file. 

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 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), a 6105 dated 26 May 2021, for drinking with junior non­commissioned officers while attending the 8th Marine Corps District Supply Conference, in violation of Article 134 of the Uniform Code of Military Justice (UCMJ). Petitioner contends enclosure (2) is inaccurate, in violation of reference (b), and unjust. Petitioner notes that the 6105 has the wrong date in which he attended the conference and the wrong date on which he was counseled (i.e., it should have been dated 26 May 2020, not 26 May 2021). Petitioner further argues that he did not violate the order as this was a command sponsored social event which included Marines from the rank of corporal to gunnery sergeant. 


CONCLUSION 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. The Board noted that the 6105 counseling contains several administrative errors, to include the date of the counseling. The Board further noted that the command did not issue Petitioner the counseling until nearly a year after the alleged incident (the conference occurred in July 2019, however, the 6105 was not issued until 26 May 2020). Consequently, the Board found the 6105 erroneous and unjust, and concluded that Petitioner’s 6105 entry, enclosure (2), shall be removed. 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action. 
Petitioner’s naval record be corrected by removing enclosure (2), his 6105 counseling entry dated 26 May 2021. 

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. 


6/4/2021 

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