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 GUNERY SERGEANT  /USMC     
 
Ref:     (a) 10 U.S.C. § 1552 
         (b) Manual for Courts-Martial (2012 Edition) 
         (c) MCO 1900.16 (MARCORSEPMAN) 
         (d) MCO P1070.12K (IRAM) 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Administrative Remarks (Page 11) counseling entry of 7 Feb 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 his naval record be corrected by removing his 7 February 2013 Administrative Remarks (Page 11) counseling entry. 
 
2.  Although Petitioner’s application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his case on its merits.  The Board, consisting of Mr.  Ms.  and Mr.  reviewed Petitioner’s allegations of error and injustice on 26 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.  On 7 February 2013, Petitioner was issued enclosure (2), a Page 11 6105 counseling for violation of Article 134, Uniform Code of Military Justice (UCMJ) (fraternization) after he sent  text messages of an inappropriate nature to a junior Marine that he supervised; actions that bring discredit upon Petitioner and his fellow staff non-commissioned officers. 
 
     c.  Petitioner contends that his command violated the intent of reference (b), the Manual for Courts-Martial, and its interpretation of Article 134 (fraternization), which states fraternization is between a commissioned officer or warrant officer and an enlisted person.  Petitioner asserts that, because he and the other Marine are both enlisted Marines, he was wrongly counseled for violation of Article 134, UCMJ.    
 
CONCLUSION 
 
Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief.  In this regard, the Board determined that Petitioner’s conduct did not constitute a violation of Article 134, UCMJ.  However, the Board determined that the issuing officer was well within his discretionary authority to issue the counseling entry for Petitioner’s unprofessional conduct.   
 
The Board thus determined that removal of the Page 11 would constitute an excessive degree of redress, and concluded that it is necessary to redact all verbiage regarding Petitioner’s violation of Article 134, UCMJ.  The Board concluded that the redacted counseling shall remain in Petitioner’s official military personnel file, in compliance with references (c) and (d).   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by redacting the following from the 7 February 2013 Page 11 6105 counseling entry:  
 
In the first paragraph, redact “violation of Article 134 (fraternization) to wit:” 
 
In the third paragraph, redact “and any further violations of the UCMJ” 
 
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. 

8/26/2021
Exectuvie Director