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  
 
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 a counseling statement dated 15 April 2019 and a fitness report covering the period 1 January 2019-30 April 2019 from his record.   
                                              
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 11 March 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 the 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, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Petitioner entered active duty with the Marine Corps in August 2011.  On 11 February 2019, Petitioner’s spouse at the time provided recordings and text messages to Petitioner’s command indicating Petitioner was involved in an inappropriate relationship with his First Lieutenant Officer-in-Charge (OIC).  Based on the allegations, a command investigation was conducted and the report concluded insufficient evidence existed to definitively concluded the fraternization was committed by the OIC and Petitioner.  Commanding General,   concurred with the investigation findings and stated that the preponderance of the evidence did not support a finding of misconduct.  At some point later, a Board of Inquiry determined the OIC did not commit misconduct.  
 
     c.  Despite the findings of the investigation, Petitioner’s command issued him a written counseling statement on 15 April 2019 that documented a finding that he was involved in an inappropriate relationship with his OIC.  This alleged misconduct was also documented in a fitness report ending on 30 April 2019.  As part of his application, Petitioner provided a letter of support from an O5 in the .  The letter stated that, unlike Petitioner, the OIC was not issued any derogatory documentation for the alleged fraternization with Petitioner. 
                     
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board concluded that the counseling statement and fitness report issued as a result of the alleged fraternization should be removed from Petitioner’s record.  The Board determined that the findings of the Commanding General and BOI were sufficient to support a finding that misconduct did not occur between Petitioner and the OIC.  As a result, they concluded that it would be an injustice to allow the two documents in question to remain in Petitioner’s record. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing the counseling statement dated 15 April 2019 from his record and rebuttal statement dated 19 April 2019.  Additionally, the fitness report covering the period 1 January 2019 – 30 April 2019 will be removed from Petitioner’s record and replaced with an administrative filler.  Petitioner’s Master Brief Sheet will be updated to reflect the removal of the fitness report. 
 
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 Regulation, 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.