DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 3841-18 

Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: 
(a) 10 U.S.C. § 1552 
(b) MCO P1070.12K W/CH 1 (IRAM) 

Encl: 
(1) DD Form 149 
(2) NAVMC 118(11) counseling entries of 28 Aug 17 
(3) SJA, 1st MarDiv ltr 1910 of 23 Feb 18 

1. Pursuant to the provisions of reference (a), Petitioner, a former non-commissioned officer of 
the Marine Corps, filed enclosure (1) with this Board, requesting that his record be corrected by 
removing the counseling entries dated 28 August 2017. 

2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 30 July 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, the enclosed 15 July 2019 advisory opinion (AO) from the 
Office of the Staff Judge Advocate (SJS) to the Commandant of the Marine Corps, 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 the counseling entries are unjust because an administrative separation 
board did not find proven the basis alleged in support of his proposed separation. 

 c. On 28 August 2017, Petitioner was issued enclosure (2), a counseling entry for a positive 
result from the Navy Drug Screening Laboratory (NDSL) returned on 11 July 2017 indicating 
the use of cocaine, and a counseling entry restricting Petitioner’s promotion to the next higher 
grade for 18 months for drug abuse while under the “Administrative Separation process.” 

 d. On 30 January 2018, Petitioner was the subject of an administrative separation board. 
The administrative separation board found by a preponderance of the evidence that Petitioner did 
not commit any of the acts or omissions alleged and recommended his retention. 

 e. In correspondence at enclosure (3), the SJA, noted that “[t]he drug 
testing laboratory was decertified prior to testing” Petitioner’s urine, and that an inspection 
following the test revealed additional discrepancies in the testing process. The SJA concluded 
by stating that “I do not recommend pursuing Secretarial Authority to separate SNM. Instead I 
recommend retaining the Marine.” 

 f. In its AO, the SJA to the Commandant of the Marine Corps noted that the allegation on 
which Petitioner’s proposed separation was based was not substantiated, and that Petitioner’s 
commanding general (CG) decided not to request Secretarial Authority to override the 
administrative separation board. The AO concluded by recommending that, “[w]hile these 
counseling entries were not erroneous or unjust at the time they were given, it would be unjust to 
keep them in his record, in light of the board results.” 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an 
injustice warranting corrective action. The Board noted that the counseling entries were not in 
error or unjust when issued. However, the Board substantially concurred with the AO and 
determined that—based on the decisions by the administrative separation board and Petitioner’s 
CG, and in light of the evidence against the drug testing laboratory—it would be unjust to keep 
the counseling entries in Petitioner’s record. Accordingly, the Board concluded that the 
counseling entries dated 28 August 2017 shall be removed from Petitioner’s record. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by removing the NAVMC 118(11) counseling entries 
dated 28 August 2017. 

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.