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

Docket No 7788-20
Ref:  Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF  
  
 
Ref:   (a) 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 30 May 18 
       (3) Petitioner Rebuttal 30 May 2018 
       (4) LtCol Krespo memo 1000 KAC 24 Aug 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), and his rebuttal, enclosure (3) from his official military personnel file (OMPF).  
 
2.  The Board, consisting of ,   ,   and  reviewed Petitioner’s allegations of error and injustice on 3 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 30 May 2018, for failing to perform at the required level of a Staff Non-Commissioned Officer.  Petitioner contends enclosure (2) is unjust as he received this while he was struggling with his marriage, which included being assaulted by his spouse, and his performance improved after separating from his wife.  Petitioner also noted that in 2015, he was treated for a period of four months for a Traumatic Brain Injury (TBI), and that he was reluctant to divulge what was happening for the sake of his family.  Petitioner included a letter from the commanding officer (CO) who issued the 6105, enclosure (4).  The CO requested removal of the Page 11 based on the evidence and Petitioner’s follow-on performance.     
 
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’s performance did improve in his subsequent fitness report.  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), and Petitioner’s rebuttal, enclosure (3), shall be removed.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s 6105 counseling entry dated 30 May 2018 and Petitioner’s rebuttal dated 31 May 2018. 
 
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. 
  

8/10/2021
Executive Director