From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 

Subj:    REVIEW OF NAVAL RECORD ICO  
 
Ref:    (a)Title 10 U.S.C. 1552

Encl:  (1) DD Form 149

1.Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filedenclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to remove a counseling statement dated 7 August 2019 from his record.

2.The Board, consisting of , reviewed Petitioner'sallegations of error and injustice on 25 February 2021, and pursuant to its regulations,determined that the corrective action indicated below should be taken on the available evidenceof record.  Documentary material considered by the Board consisted of the enclosures, relevantportions 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 oferror and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all administrative remedies availableunder existing law and regulations within the Department of the Navy. 
 
b. Petitioner entered active duty with the Marine Corps in November 2013.  On 7 August 2019, Petitioner was counselled for failing to stop his subordinates from hazing junior Marines.  The counselling properly informed Petitioner of the performance deficiency for which he was being counselled and the potential consequences of his failure to correct his deficiencies but failed to include specific recommendations for corrective action.  On 9 August 2019, Petitioner submitted a rebuttal statement arguing he was not aware of any acts of hazing by his subordinates. 
  
c. Marine Corps Order 1900.16, Section 6105, paragraph 3.a. requires “specific recommendations for corrective action” to be included with a counseling statement that is documented in a Marine’s service record.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  Specifically, the Board determined that the 7 August 2019 counselling statement contained in Petitioner’s record does not meet the strict requirements of Marine Corps Order 1900.16 since it fails to include specific recommendations for corrective action.  As a result, the Board determined the counseling statement and accompanying rebuttal statement should be removed from Petitioner’s record to correct the error and remove any indicia of an injustice. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by removing from his Official Military Personnel File the counselling statement dated 7 August 2019 and his rebuttal statement of 9 August 2019.  Both documents discuss Petitioner’s failure to properly address hazing by subordinate Marines under his charge. 

4.It is certified that a quorum was present at the Board’s review and deliberations, and that theforegoing 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 theBoard 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 foregoingcorrective action, taken under the authority of reference (a), has been approved by the Board onbehalf of the Secretary of the Navy.