Docket No. 7040-20

Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF 
    
 Ref:   (a) 10 U.S.C. § 1552 
       (b) MCO 1070/12K (IRAM) 
       (c) MCO 1900.16 (MARCORSEPMAN) 
       (d) MCO 5354.11E (Prohibited Activities and Conduct Prevention and Response Policy) 
 
Encl:  (1) DD Form 149 w/enclosures 
       (2) Administrative Remarks (Page 11) 6105 counseling entry of 30 Jun 20 
 
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 her naval record be corrected by removing her 30 June 2020 Administrative Remarks (Page 11) 6105 counseling. 
 
2.  The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 5 August 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.  Based on the findings of a Command Investigation, Petitioner was issued enclosure (2), a Page 11 counseling her for violation of “MCO 5352.11E (Prohibited Activities and Conduct Order) which was prejudicial against good order and discipline in the Armed Forces.”  Petitioner acknowledged the entry and elected not to submit a written rebuttal.   
    
     c.  Petitioner contends that there are “multiple errors” on the Page 11, rendering it invalid.  Specifically, the cited Marine Corps Order is incorrect and does not align with the counseling given, and her first name is spelled wrong. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief.  The Board noted that a Command Investigation found that Petitioner fostered and often times instigated a toxic culture of unprofessional and demeaning relationships towards her subordinate Marines, and on numerous occasions she made inappropriate comments to junior Marines, often times sexual or belittling in nature.  The Board thus determined that the issuing officer was well within his discretionary authority to issue the counseling entry, and that the entry met the 6105 counseling requirements detailed in references (b) and (c).   
 
The Board acknowledged that the Marine Corps Order cited in the entry is incorrect, and the spelling of Petitioner’s first name is incorrect.  The Board determined, however, that these scrivener’s errors are not material as they make no difference to any material fact addressed in the counseling.  To correct the scrivener’s errors, the Board concluded that the contested Page 11 shall be edited to reflect the correct Marine Corps Order, reference (d), and the correct spelling of Petitioner’s name. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by editing enclosure (2), the 30 June 2020 Page 11 6105 counseling, by changing “MCO 5352.11E” to “MCO 5354.11E.”  
 
Petitioner’s naval record be corrected by editing enclosure (2), by changing the spelling of Petitioner’s name from  to  
 
No further relief be granted. 
 
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. 


8/14/2021



Executive Director