DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 7617-20 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF  USMC 

Ref: (a) Title 10 U.S.C. § 1552 
(b) MCO P1070.12K w/ ch 1 

Encl: (1) DD Form 149 w/enclosures 
(2) Administrative Remarks (6105) counseling entry 28 Sep 20 
(3) Petitioner Rebuttal 30 May 2018 
(4)  memo 1000 CO 27 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 his naval record be corrected by removing an Administrative Remarks 6105 (Page 11) counseling, enclosure (2), from his official military personnel file (OMPF). 

2. The Board, consisting of                      , reviewed Petitioner’s allegations of error and injustice on 10 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. Petitioner received enclosure (2) on 28 September 2020, for failing to pass the combat Fitness Test (CFT). Petitioner contends enclosure (2) is unjust as he sustained a herniated disk during the CFT. Petitioner included a letter from the commanding officer (CO) who issued the 6105, enclosure (3). The CO requested removal of the Page 11 based on medical evidence that Petitioner did have a herniated disk injury, which should have canceled submission of his score. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. The Board noted that Petitioner provided medical documentation to include light duty chits of 28 September, 5 October, and 12 October 2020 documenting his lower spine injury. The Board further noted that the CO was convinced that signing the Page 11 was erroneous and issued prematurely. Consequently, the Board found the 6105 unjust and concluded that Petitioner’s 6105 entry, enclosure (2), shall be removed. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Remove Petitioner’s 6105 counseling entry dated 28 September 2020. 

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. 


8/28/2021