DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1295-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 (b) MCO P1900.16F W/CH 1–2 (MARCORSEPMAN) Encl: (1) DD Form 149 (2) Administrative Remarks (1070) NAVMC 118(11) of 21 Dec 12 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting his record be corrected by removing an Administrative Remarks (Page 11) 6105 counseling from his official military personnel file (OMPF). 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 8 January 2019 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 Petitioner’s application, together with all material submitted in support thereof, relevant portions of the 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. On 21 December 2012, Petitioner received enclosure (2), a Page 11 6105 counseling entry for violating Article 92 (disobeying an order or regulation) and Article 107 (making a false official statement) of the Uniform Code of Military Justice (UCMJ). The entry states “When questioned by the Commanding Officer you stated that you had not shaved due to bumps on your neck and that you had a no shave chit. When investigated it was discovered that a no shave chit had not been given to you by competent medical authority.” c. Petitioner denies the allegation contained in the Page 11 entry and contends, further, that he elected and submitted a rebuttal, which was not included in his OMPF with the contested Page 11 entry. He thus contends that the entry should be removed from his OMPF. Upon review and consideration of all the evidence of record, and especially in light of enclosure (2), the Board determined that Petitioner’s request warrants relief. In this regard, the Board determined that Petitioner’s command failed to upload his rebuttal after he elected to submit one and failed to document why the contested entry was uploaded without the rebuttal. Moreover, the Board determined that the contested entry is not administratively correct, as it does not indicate available assistance, as required by paragraph 6105.3b of reference (b). Therefore, the Board concluded that the contested Page 11 6105 counseling entry shall be removed from Petitioner’s OMPF. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s naval record be corrected by removing the Page 11 6105 counseling entry dated 21 December 2012. See enclosure (2). 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. This includes but is not limited to all information systems/database entries that reference or discuss the material being expunged. 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 Regulations, 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. 2/5/2019 Executive Director Signed by: