DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6881-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) NAVMC 10132 unit punishment book (UPB)/non-judicial punishment (NJP) of 13 Feb 18 (3) NAVMC 118(11) Administrative Remarks of 13 Feb 18 (4) NAVMC 118(11) Administrative Remarks of 20 Mar 19 (5) Administrative Separation Board ltr of 11 Jul 19 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected by removing her 13 February 2018 unit punishment book (UPB)/non-judicial punishment (NJP), 13 February 2018 Administrative Remarks (page 11) 6105 counseling entry and 20 March 2019 page 11 entries. 2. The Board, consisting of , , and , 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 that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 13 February 2018, Petitioner received NJP for violating Article 112a, Uniform Code of Military Justice (UCMJ) for testing positive for THC on 6 February 2018. Petitioner acknowledged her Article 31, UCMJ rights, accepted NJP, pled guilty, was found guilty by her commanding officer (CO) and did not appeal her NJP. Enclosure (2). b. On 13 February 2018, Petitioner was issued enclosure (3), a 6105 page 11 entry counseling her for being found guilty at NJP for violating Article 112a, UCMJ. On the same date, Petitioner was issued a page 11 entry notifying her that she is not eligible for promotion to the next higher grade due to probationary status according to the Marine Corps Enlisted Promotion Manual. c. On 20 March 2019, Petitioner was issued enclosure (4), a page 11 entry counseling her for being processed for administrative separation due to drug abuse. On the same date, Petitioner was issued a page 11 entry notifying her that she is not eligible for promotion to the next higher grade due to her pending administrative separation. d. On 11 July 2019, Petitioner’s administrative separation board unanimously determined that a preponderance of the evidence did not prove any of the acts or omissions alleged, and recommended that Petitioner be retained in the Marine Corps. Enclosure (5). e. Petitioner contends that she provided evidence to her administrative separation board. She claimed that she was in an abusive relationship, the abuser pled guilty and is currently confined. Petitioner also claimed that she was diagnosed with battered woman’s syndrome, anxiety, and depression as a result of the trauma. f. The advisory opinion (AO) recommended partial corrective action by removing Petitioner’s 13 February2018, 6105 page 11 entry and Petitioner’s 20 March 2019 page 11 entries. In this regard, the AO noted that Petitioner admitted to using drugs and presented no argument to mitigate her positive urinalysis test results or that her drug use was forced. The AO determined that Petitioner failed to provide any evidence that her CO lacked a factual understanding of the circumstances or that her NJP sentence exceeded statutory limits. The AO concluded that Petitioner’s NJP was valid and conducted according to regulations. The AO also determined that, because Petitioner’s misconduct was already entered into her record via the UPB, her CO could not also enter a 6105 counseling, thus it should be removed. Moreover, because Petitioner’s administrative separation proceedings did not result in her discharge, according to the IRAM, Petitioner’s 20 March 2019 page 11 entries must be removed. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. In this regard, the Board substantially concurred with the AO that Petitioner’s NJP is valid and should remain in her record as filed. The Board noted that Petitioner pled guilty and the Board found no evidence that her NJP was not conducted according to the Manual for Courts-Martial (2016 ed.) and she provided none. The Board also noted that Petitioner’s contested page 11 entries was written according to the Marine Corps Individual Records and Administration Manual (IRAM) when issued. The Board, determined that Petitioner’s 13 February 2018 page 11 entry not recommending her for promotion is valid, however, Petitioner’s 13 February 2018 6105 page 11 entry for violating Article 112a, UCMJ, was unnecessary and should be removed. Additionally, according to the IRAM, “Do not make entries on page 11 which concern administrative discharge or competency review proceedings if they do not, upon final review, result in discharge or reduction.” The Board, thus determined that because Petitioner’s administrative separation board did not result in her discharge, both 20 March 2019 page 11 entries are in error. Accordingly, the Board determined that Petitioner’s 13 February 2018 6105 page 11 entry and both 20 March 2019 page 11 entries should be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing her 13 February 2018 Administrative Remarks 6105 counseling entry. Petitioner’s naval record be corrected by removing her 20 March 2019 Administrative Remarks page 11 counseling entries. 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. 8/9/2021 Executive Director