From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO   
  
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149  
 
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 to remove three counseling statements and accompanying rebuttal statements that were issued on 7 October 2019.   
                                              
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 4 March 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 the 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, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Petitioner entered active duty with the Marine Corps in 2007.  He tested positive for Adderall on 19 September 2019 as part of a urinalysis.  As a result, his command issued three separate counselling statements on 7 October 2019.  The first counseling documented Petitioner’s positive urinalysis, the second counseling informed Petitioner that he was not to possess firearms or ammunition as a result of his positive urinalysis, and the third counseling informed Petitioner he was not recommended for promotion as a result of his positive urinalysis.  Petitioner submitted rebuttals to the first and third counseling statements on 11 October 2019.   
 
     c.  On 12 February 2020, an administrative separation board concluded Petitioner did not commit wrongful drug use despite his positive urinalysis.  After reviewing the evidence, Commanding General,  determined Petitioner should be retained in the Marine Corps on 27 May 2020. 
                          
 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board concluded that all three counseling statements dated 7 October 2019 should be removed from Petitioner’s record along with the two rebuttal statements dated 11 October 2019.  In reviewing the evidence, the Board determined it was unjust to retain counseling related to Petitioner’s wrongful use of a controlled substance in Petitioner’s record after an administrative separation board concluded Petitioner did not commit misconduct.  The Board further relied on the Commanding General’s concurrence with the administrative separation board recommendation to retain Petitioner.  
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing all counseling statements dated 7 October 2019 from Petitioner’s record along with all counseling rebuttal statements dated 11 October 2019. 
 
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 Regulation, 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.                    
 
                                                      3/7/2021