DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON. VA 22204-2490 Docket No: 4078-18 JUN 8 2018 From: Chairman Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO XXX-XX-USMC Ref: (a) 10 U.S.C. §1552 (B) IGMC Case #17057 Report of Investigation Encl: (1) DD Form 149 (2) CO ltr Code 6.0DB-JPR of 13 Feb 17 (3) Administrative Remarks (Page 11) 6105 counseling entry dtd 21 Oct 16 w/rebuttal statement dtd 13 Dec 16 (4) Administrative Remarks (Page 11) 6105 counseling entry dtd 6 Dec 16 w/rebuttal statement dtd 13 Dec 16 and promotion restriction counseling entry ded 6 Dec 16 (5) Administrative Remarks (Page 11) 6105 counseling entry dtd 7 Dec 16 w/rebuttal statement dtd 13 Dec 16 1. Pursuant to the provisions of reference (a), Petitioner. an enlisted Marine. filed enclosure (I) with this Board requesting that his record be corrected by removing four Administratiw Remarks (Page l 1) counseling entries from his official military personnel file (OMPF). The request, previously docket number 5862-17, was reviewed by a Board panel on 22 February 2018. and partial relief was granted. Specifically, the Board determined it was in error and unjust for the Page 11 6105 counseling entry dated 6 January 2017 to remain since Petitioner was not administratively processed for separation. However. the Board panel denied Petitioner's request to remove the three Page 11 entries dated [21] October 2016. 6 December 2016. and 7 December 2016 because the Board found no material error or injustice warranting removal of the entries. On 17 May 2018. the BCNR was notified by the Inspector General of the Marine Corps that reprisal against Petitioner had been substantiated in reference (b). Petitioner's original request for correction of his record was reopened and assigned docket number 4078-18. 2. The second Board panel, consisting of Petitioner's allegations of error and injustice on 25 May 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 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 21 October 2016, Petitioner received a Page 11 6105 counseling entry for a violation of the Uniform Code of Military Justice (UCMJ), Article 107 for lying to the Command First Sergeant. On 6 December 2016, Petitioner received a Page 11 6105 counseling entry for violating the UCMJ, Article 107 by submitting false official documents. On 7 December 2016, Petitioner received a Page 11 6105 counseling entry for violations of UCMJ Articles 92 and 134 for failing to obey a lawful order/regulation and conduct unbecoming. In response, Petitioner submitted a rebuttal statement to each counseling entry. On 6 December 2016, Petitioner was issued a promotion restriction counseling entry for violating the UCMJ, Article 107. See enclosures (3) through (6). c. In his letter attached as enclosure (2), Petitioner's Commanding Officer (CO) requested removal of the contested Page 11 entries, explaining that the entries were placed in Petitioner's OMPF during legal and administrative separation processing, and they are "no longer applicable and have ceased." d. Per reference (b), the Command First Sergeant, who initiated each of the Page 11 entries, reprised against Petitioner from October 2016 to January 2017. CONCLUSION Upon review and consideration ofall the evidence of record, and especially in light of enclosure (2) and reference (b), the Board finds the existence of an injustice warranting corrective action. The Board relied upon enclosure (2) and reference (b) and determined it was unjust for the contested Page 11 entries dated 21 October 2016, 6 December 2016, and 7 December 2016, as well as the corresponding rebuttal statements to remain in Petitioner's OMPF since he had been reprised against by the Command First Sergeant. Additionally, the Board determined that the Page 11 promotion restriction entry is also unjust. The Board concluded that the Page 11 counseling entries at enclosures (3) through (5) and all corresponding rebuttal statements shall be removed from Petitioner's OMPF. RECOMMENDATION In view of the foregoing, the Board finds the existence of an error and injustice warranting the following corrective action. Petitioner's naval record be corrected by removing the Page 11 counseling entries dated 21 October 2016, 6 December 2016, and 7 December 2016 and the corresponding written rebuttal statements. See enclosures (3) through (5). 6 December 2016. See enclosure (6). 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 ofthe Board for Correction of Naval Records (32 Code of Federal Regulation, 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 ofthe Secretary of the Navy. Executive Director