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

Docket No. 5148-20 
Ref: Signature Date 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

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 3 Oct 17 

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 an Administrative Remarks (6105) counseling, enclosure (2), from her official military personnel file (OMPF). 

2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 25 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 3 October 2017, stating that she was eligible but not recommended for promotion to the rank of Sergeant for the first quarter of 2017 due to “Physical Fitness Shortcoming, Lack of leadership, Lack of Professionalism, Lack of Maturity, Lack of Responsibility, Lack of Judgment, Recent or PendingLegal Action.” Petitioner contends enclosure (2) is inaccurate, in violation of reference (b), and unjust.  Petitioner notes that she was promoted to sergeant in the same quarter on 1 December 2017, and that there is no election circled regarding a rebuttal, but that she did submit a rebuttal, which was not entered into her OMPF.  In addition, Petitioner notes the counseling entry has six incomplete sentences with generically referenced deficiencies.  Petitioner included statements in support of her request from her current commanding officer and executive officer. 


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 a missing rebuttal election as well as a missing date line indicating when the commanding officer counseled the Petitioner. The Board further noted that the command did not adequately describe the deficiencies but listed 6 incomplete sentences as to the reasoning behind the 6105.  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), her 6105 counseling entry dated 3 October 2017. 

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. 



6/15/2021
Executive Director