DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3194-18 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 1070.12K Encl: (1) DD Form 149 w/attachments (2) NAVMC 118(11) 6105 counseling entry dated 11 March 2016 (3) rebuttal statement dated 18 March 2016 (4) CO, ltr of 23 Mar 16 1. Pursuant to the provisions of reference (a), Petitioner, a staff non-commissioned officer in the Marine Corps, filed enclosure (1) with this Board requesting the removal of enclosure (2), a Page 11 6105 counseling entry. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 5 March 2019 and, pursuant to its regulations, determined on the available evidence of record that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found 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 23 February 2016, Petitioner participated in a Logistics Readiness Evaluation (LRE) inspection. Upon completion of the evaluation, the inspector provided Petitioner with a copy of the checklist used to evaluate his commodity area. c. On 11 March 2016, Petitioner was issued enclosure (2), a Page 11 6105 counseling entry documenting his failure of the LRE Phase II with an overall score of 56%. d. On 18 March 2016, Petitioner submitted enclosure (3), a rebuttal to the Page 11 6105 counseling entry. In his rebuttal statement, Petitioner asserted that he joined the command after the LRE was scheduled and had only 14 working days to prepare for the evaluation. Petitioner stated that he used the same checklist from a previous evaluation, however, the current evaluation was based upon an updated checklist which contained significant changes. As a result, he was not fully prepared to meet the new standards. e. On 23 March 2016, the commanding officer (CO), issued enclosure (4), the Phase II LRE evaluation results. The Petitioner’s commodity area (embarkation) was identified as “To Be Determined (TBD), due to the optimization of personnel an exchange had to be made, the evaluation of this commodity will take place during the LRE phase IV.” The Petitioner contends the counseling entry was based on LRE evaluation results before the official results were published. CONCLUSION: Upon review and consideration of all the evidence of record, the Board found the existence of an injustice warranting corrective action. The Board noted that the LRE results did not document a final grade for the Petitioner’s commodity area. Instead, the results stated that the embarkation area would be evaluated at a later date. The Board opined that the statement “due to optimization of personnel an exchange had to be made” infers the inspector’s acknowledgement that a recent change in personnel was a factor during the initial evaluation. The Board determined that the Petitioner’s statement was credible and concurred that the issuance of the Page 11 6105 counseling entry was premature. As such, the Board concluded the entry shall be removed from Petitioner’s record. RECOMMENDATION: Petitioner’s naval record be corrected by removing enclosure (2), the NAVMC 118(11) 6105 counseling entry dated 11 March 2016. 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 which reference or discuss the expunged material. No other changes 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. 6/12/2019 Executive Director