Docket No. 6298-20 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 


Ref: (a) Title 10 U.S.C. § 1552 
     (b) MCO P1070.12K w/ ch 1 

Encl: (1) DD Form 149 w/enclosures  
      (2) Administrative Remarks (6105) counseling entry 19 Apr 16 
      (3) Notice of  Expungement Orders 16 Mar 17 


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 an Administrative Remarks (6105) counseling, enclosure (2), from his official military personnel file (OMPF). 

2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 29 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 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 received enclosure (2), a 6105 dated 19 April 2016, for being apprehended on two charges on 18 April 2016 by civilian authorities for a domestic dispute. Petitioner contends enclosure (2) is inaccurate and unjust as he was involved in only a verbal argument with his former spouse, his charges were dismissed in January 2017, and he was notified that his civilian record was expunged on 16 March 2017, enclosure (3). 


CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noted that Petitioner’s fitness report during the period that the 6105 was issued, 2 December 2015 to 29 April 2016, was not adverse and did not mention the counseling. The Board further noted that the civilian authorities dismissed both charges and expunged Petitioner’s record regarding both charges. Consequently, the Board found the 6105 erroneous and unjust and concluded that Petitioner’s 6105 entry, enclosure (2), shall be removed. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Remove enclosure(2), Petitioner’s 6105 counseling entry dated 19 April 2016. 

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. 


7/7/2021 
Executive Director