Docket No: 5553-20 

Ref: Signature Date 
 
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 w/attachments  
      (2) Administrative Remarks NAVMC 118(11) of 11 Jun 20 
      (3)  ltr 18 Jun 20 
      (4) Cmdr,  ltr 1910 Legal of 15 Sep 20 
      
1.  Pursuant to the provisions of the reference, 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 his 11 June 2020 Administrative Remarks (page 11) counseling entry and rebuttal statement. 
 
2.  The Board, consisting of , , and  reviewed Petitioner's allegations of error and injustice on 15 June 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 11 June 2020, Petitioner was issued enclosure (2), a 6105 page 11 entry counseling him for being involved in an incident of domestic violence while under the influence of alcohol.  Petitioner’s page 11 entry also provided notification that he was being processed for administrative separation due to commission of a serious offense.  Petitioner submitted enclosure (3) in response to his page 11 entry. 
 
     b.  On 30 July 2020, Petitioner’s administrative separation board unanimous determined that a preponderance of the evidence did not prove any of the acts or omissions alleged and recommended that Petitioner be retained in the Marine Corps. 
 
      c.  On 15 September 2020, enclosure (4), Petitioner’s Commanding Officer approved the administrative separation board’s finding and recommendation. 
  
      d.  Petitioner contends that his administrative separation board’s determination that the preponderance of the evidence did not prove any of the acts or omission alleged cleared him of the misconduct. 
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action.  In this regard, the Board noted that Petitioner’s contested page 11 entry was written according to the Marine Corps Individual Records and Administration Manual (IRAM) when issued.  However, according to the IRAM, “Do not make entries on page 11 which concern administrative discharge or competency review proceedings if they do not, upon final review, result in discharge or reduction.”  The Board determined that because Petitioner’s administrative separation board did not result in his discharge, his page 11 entry is in error.  Specifically, the statement, “I understand I am being processed for the following judicial or adverse administrative action: administrative separation due to commission of a serious offense, pursuant to paragraph 6210.6 of MCO 1900.16 (MARCORSEPMAN).” The Board also determined that Petitioner’s administrative separation board was convened to determine his suitability for continued military service and the administrative separation board’s findings have no bearing on his CO’s determination that Petitioner committed misconduct.  Accordingly, the Board determined that Petitioner’s page 11 entry should be redacted to remove the aforementioned statement. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by modifying his 11 June 2020 Administrative Remarks 6105 counseling entry by removing the statement: “I understand I am being processed for the following judicial or adverse administrative action: administrative separation due to commission of a serious offense, pursuant to paragraph 6210.6 of MCO 1900.16 (MARCORSEPMAN).” 
 
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.  
 
7/9/2021

Executive Director