DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

DocketNo: 4097-17 
FEB 22 2018 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO 
Ref: (a) IOU.S.C. §1552 
(b) MCO P5800.16A w/ch 1-7 (LEGADMINMAN) 
(c) MCO Pl070.12K w/ch 1 (IRAM) 
Encl: (1) DD Form 149 
(2) Administrative Remarks (Page 11) <ltd 1 Nov 16 
(3) Petitioner's ltr 6010 JDJ <ltd 7 Nov 16 
(4) memo dtd 31 Jul 17 

1. Pursuant to the provisions ofreference (a), Petitioner, an active duty Marine officer, filed 
enclosure (1) with this Board requesting removal ofa Page 11 counseling entry dated 
1November2016 from his Official Military Personnel File (OMPF). He impliedly requested 
removal ofthe corresponding rebuttal statement dated 7 November 2016. 

2. The Board, consisting of                     reviewed Petitioner's 
allegations oferror and injustice on 25 January 2018 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, relevant portions of 
Petitioner's naval records, and applicable statutes, regulations, and policies. 

3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. 

b. On 19 December 2014, Petitioner tested positive on a urinalysis for oxymorphone; he was 
subsequently cleared ofwrongdoing. On 20 June 2016, a package Petitioner ordered was seized 
during a random parcel inspection by an investigator with                because it 
contained suspected steroids. The case was investigated by the Criminal Investigation Division 
(CID). Petitioner received a Page 11 counseling entry on 1 November 2016 documenting in part, 
his demonstrated exceptionally poor judgement and behavior unbecoming an officer and a 
gentleman in both incidents, which called into question his honesty, integrity, and suitability to 
serve as an officer. Petitioner submitted a rebuttal statement in response to the counseling entry. 
See enclosures (2) and (3). 

c. The Marine officer, who was assigned as the adjutant at the time the Page 11 entry was 
issued stated he mistakenly directed the Page 11 entry be inserted into Petitioner's OMPF, which 
was an administrative filing error because it was not in accordance with reference (b). See 
enclosure (4). 

d. On 13 April 2017, a Board of Inquiry cleared Petitioner ofmisconduct and recommended 
his retention. Per reference ( c ), Page 11 entries are not authorized which concern administrative 
discharge proceedings if, after final review, they do not result in an administrative discharge. 

CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, the Board concludes that 

Petitioner's request warrants favorable action. 

The Board concluded, based on enclosure ( 4), the Page 11 entry was erroneously submitted 
directly to Petitioner's OMPF. Additionally, the Board determined it was error for the entry to 
remain after Petitioner was retained. 

RECOMMENDATION 

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

Petitioner's naval record be corrected by removing the Page 11 entry dated 1 November 2016 
from Petitioner's OMPF. See enclosure (2). 

Petitioner's naval record be corrected by removing the Page 11 rebuttal statement dated 
7 November 2016 from Petitioner's OMPF. See enclosure (3). 

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 procedings in the above entitled matter.  

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director