DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2189-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MCO P1070.12K Encl: (1) DD Form 149 w/ attachments (2) NAVMC 118(11) counseling entry of 3 Sep 15 (3) NAVMC 118(11) counseling entries of 14 Sep 15 (4) UPB of 17 Mar 17 (5) NAVMC 118(11) 6105 counseling entries of 3 Apr 17 1. Pursuant to the provisions of reference (a), Petitioner, a non-commissioned officer in the Marine Corps, filed enclosure (1) with this Board, requesting the removal of enclosures (2) through (5) from his official military personnel file. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 22 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 the enclosures, relevant portions of Petitioner’s 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 regulation within the Department of the Navy, with the exception of his request to remove his fitness report for the reporting period 8 November 2016 to 17 March 2017. Therefore, the Board only considered Petitioner’s request to remove the non-judicial punishment (NJP) and associated counseling entries. b. Petitioner contends that his vehicle wouldn’t start, causing him to be late for the resident Corporals Course graduation ceremony and resulting in his drop from the course. Petitioner contends that he was not counselled on his discrepancies until after graduation was over. Petitioner also contends that the 14 September 2015 counseling entries are only signed by the commanding officer (CO). c. On 3 September 2015, Petitioner was issued enclosure (2), a counseling entry not recommending him for promotion to E-5 for being disenrolled from the resident Corporals Course. d. On 11 September 2015, Petitioner submitted a rebuttal, stating that he received a counseling at the Corporals Course during the first week of training after requesting to return to his unit due to the operational tempo. Petitioner admitted to being tardy for graduation, but he contended that any other deficiencies were not brought to his attention until after graduation. e. Enclosure (3), two counseling entries dated 14 September 2015 not recommending Petitioner for promotion to E-5, were inserted into Petitioner’s record but do not contain his signature. f. On 17 March 2017, Petitioner was the subject of non-judicial punishment (NJP) for failure to return to Camp before curfew, in violation of Marine Forces Korea Order 1050.3b, and for making a false official statement to the local patrol by claiming he was not a member of the military. Petitioner was awarded reduction to E-4, a suspended forfeiture, and restriction. A grade change (CH) fitness report for the reporting period 8 November 2016 to 17 March 2017 was prepared as a result of Petitioner’s reduction. g. In his request, Petitioner contends that he was drugged and the staff non-commissioned officer discredited him to the ordnance officer who was going to act as a character reference for him at NJP. h. On 3 April 2017, Petitioner was issued enclosure (5), three counseling entries documenting his positive urinalysis result, illegal drug use, and promotion restriction for illegal drug use. CONCLUSION: Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. The Board determined that the 6105 Page 11 counseling entries dated 14 September 2015 at enclosure (3) contain material errors that render them invalid. The Board determined that the Individual Records Administration Manual, reference (b), requires that counseling entries not recommending promotion to the next higher grade must be signed by the member. In Petitioner’s case, they were not. The Board thus concluded that the counseling entries are administratively incorrect and shall be removed. RECOMMENDATION: Petitioner’s naval record be corrected by removing enclosure (3), the counseling entries dated 14 September 2015. 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. No other changes be made to Petitioner’s naval record. 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.