Docket No: 6164-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  
  
Ref:  (a) 10 U.S.C. § 1552 
   
Encl: (1) DD Form 149 w/attachments  
   (2) NAVMC 118(11) Administrative Remarks of 26 Oct 18 
 (3) Fitness report for the reporting period 1 Aug 18 to 26 Oct 18 
    
1.  Pursuant to the provisions of the reference, Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his Administrative Remarks (page 11) 6105 entry and his fitness report for the reporting period 1 August 2018 to 26 October 2018. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 18 August 2020 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 with the exception of his request to remove his fitness report for the reporting period 1 August 2018 to 26 October 2018.  Therefore, the Board only considered Petitioner’s request to remove his page 11 entry.  The Board made the following findings: 
 
     a.  Petitioner was issued enclosure (2) a 6105 entry counseling him pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16 (2015 ed.), the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), for failure to exhibit the decision-making ability appropriate for a commissioned officer, resulting in a loss of trust and confidence.  Specifically, Petitioner violated his Company Commander’s orders by driving his personal vehicle to a field training instead of riding in the convoy with his Marines and by leaving his Marines in the field overnight while he drove home to sleep on two occasions.   
 
     b.  Petitioner contends that 6105 entries are not the correct administrative remedy for a commissioned officer and his entry is factually inaccurate.  In accordance with paragraph 3005 of MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM) identified the page 11 entry that is the correct administrative remedy.  Petitioner also contends that there is also supposed to be an accompanying report of misconduct.  Petitioner claims that the command portrayed the ranges as company or battalion level events and that he snuck away without his chain of command’s knowledge; however, this was his platoon’s training that only required a range safety officer, medical personnel and a safety vehicle to be present, per Marine Corps  order 3500.1A (MCI  3500.1A).  Petitioner further claims that his wife called and said there was a family emergency and needed him to come home as soon as possible, both nights he went home to care for his wife who suffers from epilepsy and his kids who were all vomiting.  
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action.  The Board concurred with Petitioner that 6105 counseling entries only apply to enlisted service members.  In this regard, pursuant to MCO 5800.16A, the Marine Corps Legal Administration Manual provides that, “. . . the entry shall note that the counseling is pursuant to paragraph 3005.i. of the IRAM, not paragraph 6105 of the MARCORSEPMAN, which applies only to enlist Marines.” The officer will acknowledge the adverse counseling and be provided with an opportunity to submit a rebuttal. The entry shall be included as an enclosure to a Report of Misconduct. . .”  The Board determined that in spite of the fact that the entry is administratively flawed, Petitioner’s misconduct noted in the counseling entry is valid.  The Board noted that Petitioner’s counseling entry documented his substandard performance, provided a description of his substandard performance and he was permitted to submit a rebuttal statement.  Moreover, Petitioner’s commanding officer signed the entry, and determined that his substandard performance was a matter essential to record and would be useful to future commanders, as it was his/her right to do.  The Board also noted that Petitioner took full responsibility for his mistake and admitted that he did not notify his company commander when he departed.  The Board thus determined that the counseling entry shall be redacted by removing the sentences “IAW Paragraph 6105 of MCO 1900.16 W/CH1 (MARCORSEPMAN)” and “I am advised that failure to take corrective action may result in reduced promotion opportunities, administrative separation and/or limitation on further service.”  The Board further determined that the absence of a report of misconduct does not invalidate Petitioner’s counseling entry. 
 
Regarding Petitioner’s request to remove his fitness report for the reporting period 1 August 2018 to 26 October 2018, the Board concluded that Petitioner is required to exhaust his administrative remedies, by submitting an application to remove his fitness report to the Marine Corps Performance Evaluation Review Board, in accordance with MCO 1610.11D, Marine Corps Performance Evaluation Appeals Manual.  The Board thus concluded that there is no probable material error or injustice warranting additional corrective action. 
  
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by modifying his 26 October 2018, Administrative Remarks (page 11) by removing the sentences “IAW Paragraph 6105 of MCO 1900.16 W/CH1 (MARCORSEPMAN)” and “I am advised that failure to take corrective action may result in reduced promotion opportunities, administrative separation and/or limitation on further service.” 
 
Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems/database entries that reference or discuss the material being expunged.  
 
No other changes to Petitioner’s naval record. 
 
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.