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   XXX XX 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 (Page 11) 6105 counseling entry of 6 Nov 19 
    
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 (Page 11) 6105 counseling entry from his official military personnel file (OMPF).  
 
2.  The Board, consisting of Mr. , Mr. , and Mr. , 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), an Administrative Remarks Page 11 counseling dated 31 October 2019, after a command investigation determined Petitioner (1) showed a lack of judgment by engaging in inappropriate conversations with subordinate Marines on or about 1 October 2019, (2) falsified an official document, filling out and signing a form without conducting the proper training and testing requirements, and (3) violated Article 134 of the Uniform Code of Military Justice (UCMJ) for fraternization by making repeated and unwarranted invitations to a subordinate in an attempt to establish an unduly familiar relationship.  Petitioner submitted a rebuttal to the Page 11 on 6 November 2019. 
 
    c.  Petitioner contends that the Page 11 is unjust because the counseling was based on an investigation that did not produce any negative material against him and that was based on false statements.  Petitioner noted that he did not receive an adverse fitness report and that the prohibited activities and conduct (PAC) complaint against him was not substantiated.  Petitioner also argued the Page 11 is erroneous as it cites the incorrect Marine Corps Order.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants partial relief.  The Board found that the Page 11 entry contains erroneous language, specifically “violation of Article 134 for fraternization in that” as there is insufficient evidence regarding the alleged violation of Article 134.  In addition, the Board found that the wrong Marine Corps Order was cited, “MCO P1900.16 CH. 1 vice MCO P1900.16 CH.2.”  The Board thus concluded that Petitioner’s Page 11 at enclosure (2) shall be modified by redacting the language, “violation of Article 134 for fraternization in that” and changing “MCO P1900.16 CH 1” to “MCO P1900.16 CH.2.”  
 
The Board, however, determined that the Page 11 should not be expunged.  In this regard, the Board found that Petitioner submitted no evidence that the command investigation was not conducted in accordance with regulations.  Moreover, in accordance with MCO 1610.7, Marine Corps Performance Evaluation System Manual, a commanding officer (CO) is not required to submit an adverse fitness report if a Marine receives a Page 11.  The Board also noted reference (b) gives a CO wide discretion regarding the subject matter of a counseling.  The Board determined that the Page 11 was issued in accordance with reference (b) and found removal of the Page 11 is not warranted as the modification to the entry corrects the error.  The Board thus concluded that the Page 11 entry, as modified, shall remain in Petitioner’s record.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Modify Petitioner’s 31 October 2019 page 11 counseling entry by changing “MCO P1900.16 CH 1” to “MCO P1900.16 CH.2” and redact the verbiage “violation of Article 134 for fraternization in that.” 
 
No further relief be granted. 
 
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. 

Executive Director