DEPARTMENT OF THE NAVY. BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7512-16 MAY 22 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Case summary (3) Administrative Remarks (Page 11) entry of 5 Aug 10 (4) MIQ letter of 16 Feb 17 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member ofthe Marine Corps, filed enclosure (1) with this Board requesting the removal ofhis Administrative Remarks (Page 11) 6105 counseling dated 5 August 2010 from his Official Military Personnel File. · Enclosures (1) through (4) apply. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 16 March 2017, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered enclosure (A). Regarding his request for a personal appearance, the Board determined a personal appearance was not necessary and considered his case based on the, evidence ofrecord. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitroµer'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 ofthe Navy. b. On 5 August 2010, Petitioner was issued a Page 11, 6105 counseling concerning his performance after graduating from Drill Instructor School in March 2010. The Page 11 entry also stated, in part "This Battalion has implemented a relief package for the Good ofthe Service at this time. Once approved you will be sent back to your primary MOS where none and I repeat none ofthese issues were presented to your former command prior to you attending DI School." Petitioner elected to submit a statement in response to the Page 11 entry but, according to his application, his rebuttal was not sent in with the counseling for inclusion in his OMPF. c. Petitioner submitted the summary ofaction for the Navy and Marine Corps Achievement Medal he received at the end ofhis Drill Instructor tour. d. Enclosure ( 4), an advisory opinion by Headquarter Marine Corps states, in part, that Petitioner was not relieved from drill instructor duty as the Page 11 entry states. Petitioner continued as a drill instructor for the complete tour and earned multiple performance based awards. Enclosure (4) concludes the Page 11 entry is unjust in nature and recommended approval ofPetitioner's request to have the entry removed from his OMPF. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, and especially in light ofenclosure ( 4), the Board concludes Petitioner's request warrants favorable action. The Board concludes Petitioner was not removed from drill instructor duty but remained in the billet until completion ofthe tour ofduty and excelled as a drill instructor as recognized in his end oftour award summary ofaction. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected by removing the Page 11, 6105 retention warning dated 5 August2010. 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. 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 ofthe Board's roceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6( e) ofthe revised Procedures·of the Board for Correction ofNaval Records (32 Code of Federal Regulation, Section 723.6(e)) . and having assured compliance with its provisions, it is hereby announced that the foregoip.g behalfofthe Secretary ofthe Navy. Executive Director