From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   XXX XX  USMC     
 
Ref: (a) Title 10 U.S.C. § 1552  
     (b) MCO 4354.1E  
 
Encl: (1) DD Form 149 w/enclosures 
 (2) Administrative Remarks (Page 11) 6105 counseling entry of 24 Jul 18 
 (3) Petitioner’s rebuttal of 24 Jul 18 
 (4)  ltr 1900 CO of 22 Jan 20 
 
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 his 24 July 2018 Administrative Remarks (Page 11) 6105 counseling entry and the associated rebuttal statement from his Official Military Personnel File (OMPF). 
                                           
2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 5 March 2021, and pursuant to its regulations, determined 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 was issued enclosure (2), a Page 11 6105 entry counseling him for violating reference (b) by allowing a hazing incident to occur, with a subordinate Marine, and failing to address the incident immediately with the chain of command.  He denied the allegations in his enclosure (3) response. 
 
      c.  In Petitioner’s letter to the Board attached as enclosure (4), Petitioner’s Commanding Officer (CO), Combat Logistics Battalion 11, who administered the counseling, requested removal of enclosures (2-3).  The CO determined Petitioner did not realize a Prohibited Activities and Conduct (PAC) policy violation had occurred and was certain Petitioner would have immediately addressed this incident with the chain of command had he realized the event was a PAC violation.   
 
    d.   Petitioner contends enclosures (2-3) should be removed from his OMPF in light of the CO’s request and the character statements Petitioner submitted from leaders and commanders throughout his career.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.  The Board noted the CO’s request to remove the Page 11 counseling based on his determination, after a thorough command investigation, that Petitioner had not knowingly violated PAC policy, allowed others to violate PAC policy, or failed to immediately address the incident with the chain of command.  The Board concluded it was in the interest of justice to remove the Page 11 counseling and associated rebuttal statement.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the Page 11 counseling entry of 24 July 2018, and enclosure (3), the associated rebuttal statement. 
 
That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 
 
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. 
 
3/16/2021
Deputy Director