Docket No. 7233-20

Ref: Signature Date

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  
     (b) MCO 1070/12K (IRAM) 
     (c) MCO 1900.16 (MARCORSEPMAN) 
 
Encl:(1) DD Form 149 w/enclosures 
     (2) Administrative Remarks (Page 11) 6105 counseling entry of 9 Apr 19 and 16 Apr 19 rebuttal 
 
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 to remove an Administrative Remarks (Page 11) 6105 counseling entry. 
                                              
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 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 was issued a Page 11 6105 counseling him for having two plagiarism incidents while taking a course with the , and because he was dismissed from the course.  Petitioner acknowledged the entry and submitted a written rebuttal.  Enclosure (2). 
 
     c.  Petitioner contends that the Page 11 6105 counseling does not fit the incident and that he did not have an opportunity to explain what occurred or what continued corrective action he could take.  Petitioner asserts that the counseling is career ending, and that he has never been in trouble during his 17 years in the Marine Corps.  Lastly Petitioner alleges that the counseling was issued based solely on his racial appearance.  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board determined that Petitioner submitted no evidence to support any of his contentions or assertions, and that the evidence of record supports the matters of the 6105 counseling entry. 
 
The Board, however, noted that references (b) and (c) require commanding officers who issue a 6105 counseling to authenticate the counseling by signing the entry.  Here, the Board noted that Petitioner’s Commanding Officer did not sign the Page 11 entry, and therefore deemed the entry  invalid. The Board concluded that the contested Page 11 and rebuttal shall be removed from Petitioner’s official military personnel file. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), his 9 April 2019 Page 11 6105 counseling entry, and 16 April 2019 rebuttal.     
 
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.                         


8/14/2021

Executive Director