DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2324-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO S Ref: (a) 10 U.S.C. § 1552 (b) MCO 1070.12K Encl: (1) DD Form 149 w/ attachments (2) NAVMC 118(11) 6105 counseling entry of 12 August 2017 1. Pursuant to the provisions of reference (a), Petitioner, a staff non-commissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting the removal of enclosure (2), a 6105 Page 11 counseling entry, 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. b. Petitioner contends that he was accused of giving the local administrator user names and password for laptop to unauthorized personnel. He asserts that he identified the issue of owners of the laptops sharing information and attempted to address the issue. When it continued, he reported the issue and was ultimately reprimanded. c. On 12 August 2017, Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling him for practices dangerous to security and for failing to regulate and supervise user accounts on classified work stations, which resulted in the improper use of classified accounts by users who did not have such authority. d. Petitioner submitted a rebuttal, asserting that the information in the counseling entry was false. He contends that he made the command aware of the issue and made numerous attempts to address and correct the issue. Petitioner states that neither he nor or any member of his section failed to regulate or supervise accounts. He further asserts that users did not log onto S-6 classified machines without verification by his section, and his section was not responsible for the oversight of the workstations noted in the counseling or the access of users of the workstations, which was the responsibility of the S-3. e. Petitioner’s staff non-commissioned officer submitted an advocacy letter stating that, as the Petitioner’s supervisor, he had no knowledge of security violations by the Petitioner. Additionally, he confirmed that the issue of workstation access was an issue prior to Petitioner’s arrival and not a result of Petitioner’s actions. CONCLUSION: Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. The Board noted that, although the entry was administratively correct in accordance with the Individual Records Administration Manual, the Board gave considerable consideration to the Petitioner statement and the advocacy letter that supported his claim of injustice. The Board determined that Petitioner demonstrated that the counseling was unjust and thus concluded that the 6105 Page 11 counseling entry be removed. RECOMMENDATION: Petitioner’s naval record be corrected by removing enclosure (2), the NAVMC 118(11) 6105 Page 11 counseling entry dated 12 August 2017, and Petitioner’s rebuttal. 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.