DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
  
Docket No. 2776-18 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 

Ref: (a) 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149
      (2) Administrative Remarks (Page 11) 6105 counseling of 17 Dec 15
      
1. Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine 
Corps, filed enclosure (1) with this Board, requesting that 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 30 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 his 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 17 December 2015, Petitioner received enclosure (2), a 6105 Page 11 entry counseling 
him for an “alleged sexual assault” and advising him that he was being processed for 
administrative separation due to the alleged offense. 

c. Petitioner contends that the Superior Court of  acquitted him all charges, and 
that all documents in his record relating to administrative separation processing are therefore 
improper. Furthermore, Petitioner submitted an advocacy letter from his commanding officer in 
support of his argument. 
 
CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of enclosure (2) entered against policy, the Board determined that Petitioner’s request warrants relief. In this regard, the Board noted that, in accordance with paragraph 4007 of the Marine Corps Individual Records Administration Manual, Page 11 entries that reference administrative discharge proceedings are prohibited, if such proceedings do not, upon final review, result in discharge.

Therefore, the Board determined that the contested Page 11 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 6105 Page 11 counseling entry dated 
17 December 2015 (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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.