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

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF SERGEANT 
 
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 20 Dec 13 
  
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 an Administrative Remarks (6105) counseling, enclosure (2), from her official military personnel file (OMPF).  
 
2.  The Board, consisting of Mr. , Mr. , and Ms. , 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), a 6105 counseling entry, for failing to meet height/weight standards during a semi-annual weigh in.  The bottom of the 6105 entry states: “SNM refused to sign”, there is a signature and below the signature, “SgtMaj VMM 265”.  Petitioner contends that the 6105 is unjust as the entry violates reference (b) which requires the entry to indicate whether the Petitioner is aware of the adverse counseling. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noted that the 6105 counseling has several administrative errors; it does not have the Petitioner’s signature, there is no mark indicating Petitioner’s election to submit a rebuttal, and there is no Commanding Officer signature.  The Board further noted that when a Marine refuses to sign a counseling entry, reference (b) requires a counter-entry immediately following the counseling to verify the Marine was made aware of the adverse entry.  Reference (b) also requires the verification counter-entry to be signed by the CO or by direction of the CO.  Enclosure (2) does not contain a verification counter-entry signed per direction of the commanding officer.  Consequently, the Board found the 6105 erroneous and 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 20 December 2013 Administrative Remarks 6105 counseling entry. 
 
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. 

Sincerly,

8/29/2021
Executive Director