DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7459-17 DEC 27 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Administrative Remarks (Page 11) Counseling entry of 1. Pursuant to the provisions ofreference (a), Petitioner, an filed enclosure (1) with this Board requesting the removal ofhis Administrative Remarks (Page 11) counseling entry dated from his Official Military Personnel File (OMPF). Enclosures (1) through (4) apply. 2. The Board, consisting of reviewed the Petitioner's allegations oferror and injustice on 18 October 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 Petitioner's application, together with all material submitted in support thereof, relevant portions ofthe Petitioner's naval record 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 the Petitioner signed a Page 11 counseling entry which stated in part, that he was being counseled concerning the following deficiency: Violation ofArticle 92, specifically, during a period spanning four operation periods, he was as NCO in a leadership position and knew or should have known that hazing was taking place. His failure to stop this behavior was prejudicial to good order and discipline and is contrary to the on hazing. His inaction or actions have brought discredit to the order and have weakened the NCO ranks. c. Petitioner contends that he was not present for the alleged hazing incident. He also contends that because his rebuttal statement to the Page 11 counseling entry is not properly filed in his OMPF, the Page 11 should be removed from his OMPF. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concludes that the Petitioner's request warrants partial relief. In this regard, the Board concluded that the Page 11 counseling entry is valid and written in accordance with Marine Corps directive and should remain part ofthe Petitioner's OMPF. The Petitioner should be allowed to submit his rebuttal statement to the Page 11 counseling entry. In view ofthe foregoing, the Board recommends the following corrective action: RECOMMENDATION: Petitioner's.naval record be corrected by giving the Petitioner an opportunity to submit his rebuttal statement to the Administrative Remarks (Page 11) counseling entry dated That 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures of the 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 of reference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive director