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

Docket No. 397-18 
JAN 26 2019 

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

Subj: REVIEW OF NAVAL RECORD OF 

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 
      (2) Administrative Remarks (Page 11) 6105 counseling of 15 Jun 15 
      (3) Administrative Remarks (Page 11 ) counseling of 15 Jun 15 
      (4) CO, SvcCo ltr 1000 B 07-12 of 23 Jun 15 

1. Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine Corps Reserve, filed enclosure (1) with this Board requesting that his record be corrected by removing from his official military personnel file (OMPF) enclosure (2), an Administrative Remarks (Page 11) 6105 entry, and enclosure (3), a Page 11 entry documenting his failure to undergo pre-separation medical screening and separation proceedings. Additionally, he requests that a "separation packet" be removed in its entirety from his OMPF.
 
2. The Board, consisting of Mr. , Mr.  , and     , reviewed Petitioner's allegations of error and injustice on 11 September 2018 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 ofrecord 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 15 June 2015, Petitioner received enclosure (2), a 6105 Page 11 entry counseling him 
for violating Article 107, Uniform Code of Military Justice, for making a false official statement, 
and advising him that he was being processed for administrative separation. Petitioner 
acknowledged receipt of the entry and elected to make a statement, which does not appear in his 
records. On 23 June 2015, Petitioner's commanding officer (CO) submitted enclosure (4) for 
inclusion in Petitioner's OMPF, noting that, after five business days, Petitioner had not submitted 
a rebuttal. 

    c. On 15 June 2015, Petitioner also received enclosure (3), a page 11 entry documenting that 
Petitioner had not completed a pre-separation medical screening as required. 

    d. Petitioner was not involuntarily administratively separated. 

    e. There are no other documents regarding an administrative separation located in 
Petitioner's OMPF. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request warrants partial relief. The Board noted that, in accordance with the Marine Corps Individual Records Administration Manual, Paragraph 4007, Page 11 entries that reference administrative discharge or competency review proceedings are prohibited, if such proceedings do not, upon final review, result in discharge or reduction. Therefore, the Board determined that both 15 June 2015 entries shall be removed from Petitioner's OMPF. With the removal of enclosure (2), the Board concluded that his CO's letter at enclosure (4) is improper and shall be removed from Petitioner's OMPF. The Board noted that there are no other documents regarding an administrative separation located in Petitioner's OMPF. 

RECOMMENDATION 

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

Petitioner's naval record be corrected by removing enclosure (2), the Page 11 6105 counseling 
dated 15 June 2015. 

Petitioner's naval record be corrected by removing enclosure (3), the Page 11 counseling dated 
15 June 2015. 

Petitioner's naval record be corrected by removing enclosure (4), his CO's letter dated 23 June 
2015. 

No further relief be granted. 

Any material or entries inconsistent with or relating to the Board's recommendation be corrected, 
removed or completely expunged from Petitioner's record, that no such entries or material be 
added to the record in the future. This includes but is not limited to all information systems/data 
base entries which reference and/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.


Executive Director