DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8786-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. § 1552 (b) MCO 1900.16 Encl: (1) DD Form 149 w/enclosures (2) Administrative Remarks (Page 11) 6105 counseling entry of 2 Feb 16 (3) ltr of 11 Dec 20 (4) Personal Award Recommendation (HQMC APS 1650 EF) (5) ltr 4790/CO of 28 May 21 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 his naval record be corrected to remove an Administrative Remarks (Page 11) 6105 counseling entry dated 2 February 2016 and to reflect the Navy Marine Corps Achievement Medal issued to him on 3 May 2004. Petitioner further requests remedial consideration by the Fiscal Year (FY) 2021 Sergeant Major through Master Sergeant Promotion Selection Board be granted. 2. The Board, consisting of Ms. Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 1 October 2021, and pursuant to its regulations, determined 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 the 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the applications on their merits. b. On 2 February 2016, pursuant to reference (b), Petitioner was issued a Page 11 6105 counseling him regarding his positive urinalysis for oxazepam. The counseling entry stated the investigation into the incident resulted in evidence of innocent ingestion after Petitioner used a prescription medication from a co-worker, which he believed was an over-the-counter pain reliever. He was counseled to be “extremely vigilant to know the exact contents” of any drug or medication he consumed. Petitioner acknowledged the entry and did not elect to submit a rebuttal. Enclosure (2). c. Petitioner contends the counseling entry was placed in his record to document the innocent ingestion and explain why he was not processed for separation after the positive urinalysis. In support of his contention, the Commanding Officer (CO) who issued the Page 11 6105 counseling submitted enclosure (3), a letter favorably endorsing Petitioner’s request to have the entry removed. The CO explains that, on the advice of the judge advocate’s office, he issued the 6105 counseling to protect Petitioner from further adverse administrative action. Having “achieved its intended purpose,” the CO contends the inclusion of the entry may be limiting Petitioner’s promotion competitiveness and “achieving the opposite effect” of ensuring Petitioner could continue service as if the innocent ingestion incident did not take place. d. Petitioner was awarded a Navy Marine Corps Achievement Medal on 3 May 2004 for service from 10 February 2003 to 15 May 2003. His Certificate of Release or Discharge from Active Duty (DD Form 214) indicates he was released from active duty on 4 October 2003, prior to the final approval of the personal award. The Correction to DD Form 214 (DD Form 215) issued on 4 August 2004 does not add the Navy Marine Corps Achievement Medal to his DD Form 214. Petitioner’s Official Military Personnel File (OMPF) contains the personal award recommendation, summary of action, and citation (see enclosure (4)) and the award is listed on Petitioner’s subsequent NAVMC 11533 Personal Award Recommendations. Petitioner contends the award was issued while he was no longer serving and, due to changes in award programs, there is no archive of the certificate he received. e. Petitioner was in-zone but not selected by the FY 2021 Sergeant Major through Master Sergeant Promotion Selection Board, which convened 20 October 2020. He contends the two errors, the unjust counseling entry and missing award, resulted in his failure of selection. Petitioner submitted a request for remedial consideration by the FY 2021 Sergeant Major through Master Sergeant Promotion Selection Board dated 28 May 2021 (see enclosure (5)) but Headquarters, Marine Corps (MMPR-2) does not have a record of his request. CONCLUSION Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief. The Board, relying on enclosure (3), determined that although enclosure (2) was not in error or unjust at the time of issuance, it is in the interest of justice to remove the Page 11 entry dated 2 February 2016. Further, the Board concluded it was error for the Navy Marine Corps Achievement Medal issued on 3 May 2004 not to be added to Petitioner’s DD Form 215 of 4 August 2004. With the correction of these errors, but specifically relying on the removal of the Page 11 6105 counseling entry, the Board determined the record reviewed by the FY 2021 Sergeant Major through Master Sergeant Promotion Selection Board contained error that may have negatively impacted Petitioner’s record and concluded an Enlisted Remedial Selection Board (ERSB) shall be convened to consider Petitioner for selection by the FY 2021 Sergeant Major through Master Sergeant Promotion Selection Board. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing enclosure (2), the 2 February 2016 6105 counseling entry. MMMA-3A will issue Petitioner a citation for his Navy Marine Corps Achievement Medal of 3 May 2004 and issue a DD Form 215 to reflect said award. HQMC (MMPR-2) convene an ERSB to consider Petitioner for selection by the FY 2021 Sergeant Major through Master Sergeant Promotion Selection Board. That 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 Regulation, 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. 10/15/2021 Deputy Director