DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10227-17 MAR 12 2019 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Fitness Report for the reporting period 1 Apr 15 to 31 Mar 16 (3) HQMC memo 1610 MMRP-13/PERB of 7 Nov 17 I. Pursuant to the provisions of reference (a), Petitioner, an enlisted Marine, filed enclosure (1) with this Board requesting the removal of a fitness report from his official military personnel file (OMPF). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 6 November 2018, 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 the naval records, the Advisory Opinion (AO) furnished by the Headquarters, Marine Corps Performance Evaluation Review Board, 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. Petitioner was issued a 6105 counseling entry on 10 December 2015, however, the counseling entry and Petitioner's rebuttal statement were not submitted for inclusion to his OMPF. On 18 April 2016, Petitioner signed enclosure (2), the contested adverse fitness report documenting his mismanagement of the command substance abuse program. b. Petitioner contended the fitness report refers to the 6105 counseling entry, but since there is no documentation of the 6105 counseling entry in Petitioner's OMPF, the fitness report should be removed. c. The AO at enclosure (3) commented that the administrative oversight in entering the 6105 counseling enter into his OMPF does not invalidate the underlying adversity of the report, as documented in the contested report. CONCLUSION Upon review and consideration of all the evidence of record, the Board noted Petitioner's detailed explanation of the circumstances leading up to the fitness report. The Board found the adverse nature of the fitness report is justified, however the mention of the 6105 counseling entry is unjust and the Petitioner should receive partial relief. The Board concluded that all mention of the 6105 shall be removed from Petitioner's fitness report. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by redacting the following statements from enclosure (2): -Page 2, section D. Justification: "received a 6105 on 10 December 2015 for." -Page 5, section I. Directed and Additional Comments: "received a 6105 on 10 December 2015 for." -Addendum Page, section B. Text: "received a 6105 for" and received a 6105 and." 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 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