From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  XXX XX  /  USMC     
 
Ref: (a) Title 10 U.S.C. § 1552  
(b) MCO 1900.16 W/CH 2 
(c) MCO P1070.12K 
 
Encl: (1) DD Form 149 w/enclosures 
 (2) Administrative Remarks (Page 11) 6105 counseling entry of 14 Apr 20 
 (3) Cmdr,   FIRST ENDORSEMENT 1910 Legal of 15 Sep 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 his 14 April 2020 Administrative Remarks (Page 11) counseling entry. 
                                           
2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 7 January 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.  On 14 April 2020 Petitioner was issued enclosure (2), a Page 11 6105 counseling him for his association with an outlaw motorcycle gang, in violation of Article 92 (failure to obey an order or regulation) of the Uniform Code of Military Justice.  The counseling notified Petitioner that he was being processed for administrative separation per reference paragraph 6210.6 of reference (b).     
 
      c.  On 16 July 2020 an Administrative Separation Board (ASB) convened and determined a preponderance of the evidence did not prove the basis for which Petitioner was notified, and recommended that Petitioner be retained in the United States Marine Corps.  
 
      d.  On 15 September 2020 the Commanding General, approved the ASB’s findings and recommendation; enclosure (3). 
 
      e.  Petitioner contends that the Page 11 counseling documented false accusations and that he was ultimately retained on active duty. 
 
      f.  Per reference (c), a command should “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.”. 
 
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 misconduct was documented in the contested Page 11.  Consequently, Petitioner was processed for administrative separation.  However, the ASB determined that a preponderance of the evidence did not prove the basis for which Petitioner was notified.  Moreover, Petitioner was not separated, but was retained on active duty.  
 
The Board determined that the contested Page 11 is in error and unjust because the Page 11 was issued due to Petitioner’s pending administrative separation, and now that he has been retained, maintaining the Page 11 in his official military personnel file (OMPF) is in violation of reference (c).  The Board thus concluded that Petitioner’s Page 11 counseling at enclosure (2) shall be removed from his OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), his 14 April 2020 Page 11 6105 counseling entry. 
    
Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 
 
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. 
 
 Sincerely,