From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD OF    XXX XX  USMC 
 
Ref:     (a) Title 10 U.S.C. § 1552 
 (b) MCO P1070.12K 
  
Encl:   (1) DD Form 149 w/enclosures 
 (2) Administrative Remarks (Page 11) 6105 counseling entry of 25 Mar 20 
 (3) Administrative Remarks (Page 11) 6105 counseling entry of 30 Apr 20 
 (4) CO,  Memo of 1 Oct 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 Administrative Remarks (Page 11) 6105 counseling entries dated 25 March 2020 and 30 April 2020 from her official military personnel file (OMPF).  
 
2.  The Board, consisting of Mr. , Mr. , and Mr. , 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.  On 25 March 2020, Petitioner received enclosure (2), two Page 11 counseling entries notifying her that she was being processed for administrative separation for displaying a pattern of misconduct and that she was not recommended for promotion to lance corporal.  On 30 April 2020, Petitioner received enclosure (3), a counseling entry stating that she was selected, but will not be promoted, to lance corporal for the month of May 2020 based on pending legal action.   
   
      c.  Petitioner contends that the counseling entries should be removed because her commanding officer (CO) wrote a memorandum on 1 October 2020, enclosure (4), terminating Petitioner’s promotion restriction as of 1 May 2020 and stating that Petitioner is no longer being administratively separated.  Petitioner was promoted to lance corporal effective 1 May 2020. 
      
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board found enclosures (2) and (3) invalid as Petitioner’s CO terminated her administrative separation and promotion restriction.  The Board thus concluded that Petitioner’s record shall be corrected by removing the Page 11 6105 counseling entries dated 25 March 2020 and 30 April 2020. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s 25 March 2020 and 30 April 2020 Administrative Remarks Page 11 6105 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. 
     
8/5/2021
Executive Director