DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 285-16 26 February 2016 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF , Ref: (a) 10 u.s.c. 1552 Encl: (1) DD Form 149 with attachments (2) Case summary (3) Subject's naval record (excerpts) 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting removal from her record, a Page 11 counseling entry dated 30 July 2014. Enclosures (1) through (3) apply. 2. The Board, consisting of , and reviewed Petitioner's allegations of error and injustice on 22 January 2016, 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 enclosures (1) through (3), 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. b. Enclosure (1) was filed in a timely manner. c. On 30 July 2014, Petitioner received a Page 11 counseling entry for two specifications of violating Article 134 of the Uniform Code of Military Justice (UCMJ) by knowingly and willingly fraternizing with two subordinate Marines. d. Petitioner submitted with her application to the Board a statement from her commanding officer, also the issuing officer, attesting to the fact that, after further inquiry and review of the evidence, he determined that the Page 11 entry was issued in error and that it is factually inaccurate. He further recommended that the Page 11 counseling entry that he issued be removed from her record. CONCLUSION: Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request warrants relief by removing the Page 11 counseling entry dated 30 July 2014. In this regard, the Board significantly concurred with the recommendation from her commanding officer, also the issuing officer, that the entry should be removed. Specifically, the board believed that, after further inquiry and a review of the evidence provided, her commanding officer determined that Petitioner was not in violation of the UCMJ and should not have received the counseling entry. In view of the above, the Board directs the following corrective action. RECOMMENDATION: a. That Petitioner's naval record be corrected by removing the Page 11 counseling entry dated 30 July 2014. b. 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. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c) 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. Executive Director