Docket No. 4682-20

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/ ch1 
  
Encl:   (1) DD Form 149 w/enclosures 
        (2) Administrative Remarks (6105) counseling entry of 23 Apr 02 
	(3) Administrative Remarks (6105) counseling entry of 11 Jul 02 
     
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 a 23 April 2002 Administrative Remarks (6105) counseling entry, and its duplicate, from his official military personnel file (OMPF).  
 
2.  The Board, consisting of , and  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 counseling on 23 April 2002 for violation of Article 86, Uniform Code of Military Justice (UCMJ), for unauthorized absence (UA) on 2 March 2002, 22 March 2002, 12 April 2002, and 19 April 2002 and for violation of Article 92 UCMJ (Failure to Obey orders and/or regulations) on 22 March 2022.  Petitioner received enclosure (3), a second 6105 counseling on 11 July 2002 for violation of Article 86 (UA) on 5 March 2002, 22 March 2002, 12 April 2002, 19 April 2002, 15 May 2002, and 27 June 2002.   For enclosure (2), Petitioner indicated that he would provide a rebuttal; however, no rebuttal was entered into his OMPF.  For enclosure (3), Petitioner elected not to make a statement.  
 
      c.  Petitioner alleges that enclosure (2) was not supposed to be entered into his OMPF and that enclosure (3) is the accurate 6105 counseling.  Petitioner argues that it is unjust to have two counseling entries regarding the same issue.  Petitioner also states that enclosure (2) is included in his OMPF twice, in the field tab as well as the service tab.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants partial relief.  The Board found that enclosure (2), the 23 April 2002 is improperly included in Petitioner’s OMPF twice, in the Service tab as well as the Field tab.  The Board thus concluded that Petitioner’s duplicate 23 April 2002 shall be removed from his OMPF. 
 
However, the Board determined that enclosure (2) should not be removed from Petitioner’s OMPF as there is a distinction between enclosure (2) and enclosure (3).  The Board noted that enclosure (2) counsels Petitioner for violations of Article 86 and Article 92, while enclosure (3) counsels Petitioner for violation of Article 86 only.  Furthermore, the Board noted that Petitioner was counseled for three additional UA incidents in enclosure (3).   Finally, the Board noticed that Petitioner signed both enclosure (2) and enclosure (3).  The Board determined that both 6105 counseling entries are valid and there was no material error or injustice.  Consequently, the Board concluded that both 6105 entries shall remain in Petitioner’s record.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s duplicate 23 April 2002 Administrative Remarks 6105 entry. 
 
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. 
     

									 6/11/20
									 Deputy Director