DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 6387-20 
Ref: Signature Date 

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

Subj: REVIEW OF NAVAL RECORD OF  USMC 

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 27 Jun 19 
(3)  rebuttal undated 
(4) Witness statement of 29 Apr 19 w/text messages 


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 (Page 11) 6105 counseling entry, enclosure (2), and his rebuttal statement, enclosure (3), from his official military personnel file (OMPF). 

2. The Board, consisting of                              , reviewed Petitioner’s allegations of error and injustice on 20 July 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 Page 11 entry for being relieved of his duties due to an investigation into his alleged violation of Marine Corps Order (MCO) 5354.1E, the Marine Corps Prohibited Activities and Conduct Prevention and Response Policy. Petitioner contends that the counseling was issued solely because he was the subject of an investigation. Petitioner also contends that he did not receive an adverse fitness report and was not found guilty at non­judicial punishment (NJP) or court-martial. As evidence, Petitioner provided enclosure (4), a witness statement and text messages from the alleged victim. The alleged victim noted that his statements in the command investigation were exaggerated and misconstrued. 
 
Petitioner submitted a request to the Board to remove the Page 11 on 14 September 2019; a Board panel denied Petitioner’s request on 15 April 2020. Petitioner submitted this reconsideration request providing evidence that the Board approved removal of a Page 11 from another Marine, who was accused of the same complaint by the same witness and received an identical Page 11 as the Petitioner. 


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 case was identical to the Marine who received relief from the Board. The Board reviewed Petitioner’s record and found that the Page 11 entry failed to identify the specific nature of Petitioner’s misconduct and only stated that the entry was due to an investigation. Furthermore, the Board noted there was no evidence of documented or substantiated misconduct by the Petitioner and found the statement and text messages from the alleged victim credible and consistent with Petitioner’s arguments. Consequently, the Board determined the 6105 erroneous and unjust and concluded that Petitioner’s Page 11 entry, enclosure (2), and rebuttal, enclosure (3), shall be removed. 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action. 
Petitioner’s naval record be corrected by removing his 6105 counseling entry dated 27 June 2019 and his undated rebuttal statement. 

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. 


8/5/2021