Docket No: 7898-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO ,  XXX XX  USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
  (2) NAVMC 118(11) Administrative Remarks of 4 Dec 19 
  (3) Senior Member ltr 1910 ADLAW of 27 May 20  
        
1.  Pursuant to the provisions of the reference, 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 his 4 December 2019 Administrative Remarks (page 11) 6105 counseling entry and 11 December 2019 rebuttal statement.  
 
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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 4 December 2019, Petitioner was issued a page 11 entry counseling him for engaging in extramarital sexual conduct with a woman, a person Petitioner knew was not his spouse.  Enclosure (2). 
 
     b.  On 27 May 2020, Petitioner’s administrative separation board unanimously found that the preponderance of the evidence did not prove any of the acts or omissions alleged and recommended that Petitioner be retained in the Marine Corps.  Enclosure (3). 
 
     c.  Petitioner contends that according to his administrative separation board there was no evidence that he had an extra marital affair, making the entry inaccurate.  Petitioner denies having an extramarital affair and claims that the entry prevented him from being selected for promotion to E-6.    
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action.  In this regard, the Board noted that pursuant to the Marine Corps Separations Manual (MARCORSEPMAN), Petitioner was properly counseled for having an extramarital affair.  The Board also noted that Petitioner’s page 11 entry was written and issued according to the MARCORSEPMAN.  Specifically, the entry provided written notification concerning his deficiencies, recommendations for corrective action, where to seek assistance, the consequences for failure to take corrective action, and it afforded him the opportunity to submit a rebuttal.  Moreover, Petitioner’s commanding officer (CO) signed the entry and determined that his misconduct was a matter essential to record, as it was his/her right to do.  The Board, however, determined that based upon the findings of Petitioner’s administrative separation board, the page 11 entry is in error.  The Board noted, too, that according to the Marine Corps Individual Records and Administration Manual (IRAM), “Do not make entries on page 11 which concern administrative discharge or competency review proceedings if they do not, upon final review, result in discharge or reduction.”   
 
The Board relies on a presumption of regularity to support the official action of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. The Board determined that Petitioner’s CO had sufficient factual understanding of the circumstances to conclude that a page 11 entry was warranted and Petitioner failed to provide sufficient evidence to overcome the presumption of regularity.  Accordingly, the Board concluded that the statement, “I understand that I am being processed for Administrative Separation per paragraph 6210.6 of the Marine Corps Separations Manual (MARCORSEPMAN), by reason of commission of a serious offense” should be redacted and the modified page 11 entry should remain a permanent part of his official record.    
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by redacting by removing the statement, “I understand that I am being processed for Administrative Separation per paragraph 6210.6 of the Marine Corps Separations Manual (MARCORSEPMAN), by reason of commission of a serious offense” from his 4 December 2019 Administrative Remarks counseling entry.  
 
No other corrections to Petitioner’s record. 
 
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.   

9/1/2021
Executive Director