Docket No. 5528-20

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 1754.11 
  
Encl:  (1) DD Form 149 w/enclosures 
       (2) Administrative Remarks (page 11) 6105 counseling entry of 3 Jul 18 
       (3) Petitioner rebuttal 10 Jul 18 
       (4) Administrative Remarks (page 11) 6105 counseling entry of 14 Jul 18 
   
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 Administrative Remarks (page 11) 6105 counseling entries and rebuttal statement from his official military personnel file (OMPF).  
 
2.  The Board, consisting of ,, 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.  On 3 July 2018 Petitioner received enclosure (2), a page 11 counseling entry stating that on “27 June 2018 you were found by the Incident Determination Committee (IDC), at  to have “Met Criteria” for Child Neglect (exposure to physical hazards).”  Petitioner submitted a rebuttal to the page 11, enclosure (3).  Petitioner received on 14 July 2018 a page 11 counseling entry stating that he was not recommended for promotion to the rank of  for the month of August 2018 due to lack of responsibility, judgment, and recent counseling. 
 
      c.  Petitioner contends that the page 11 entries are based only on the findings from the IDC in violation of Marine Corps Order 1754.11 which states that the incident status determination should not be included in the service record of any service member or family member.  Petitioner included with his request a letter from his commanding officer endorsing the removal and a letter from the  Department of Social Services stating that his Child Protective Services case was closed. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record the Board determined that Petitioner’s request warrants relief.  The Board found that the page 11 entries are invalid as they are based on the IDC’s finding in violation of reference (b).  The Board thus concluded that Petitioner’s record shall be corrected by removing the page 11 counseling entries of 3 July and 14 July 2018 and Petitioner’s rebuttal of 10 July 2018.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s 3 July 2018 and 14 July 2018 page 11 6105 counseling entries and Petitioner’s rebuttal of 10 July 2018. 
 
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.
 
6/29/2021

Executive Director