DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4698-18 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 P1070.12F W/CH 1 Encl: (1) DD Form 149 (2) NAVMC 118(11) counseling entry of 18 May 18 (3) CO, Company M, Marine Special Operations Command 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 his record be corrected by removing a counseling entry dated 18 May 2018. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 9 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, 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 that the 18 May 2018 counseling entry erroneously indicates that the misconduct for which he was counseled occurred during his current enlistment, although the misconduct actually occurred between August 2014 and February 2015. (During a counter- intelligence polygraph screening, Petitioner disclosed that he was involved with three other people after his wife left him following his return from deployment in July 2014. Because of his disclosure, a preliminary inquiry was conducted, and his commanding officer determined that a 6105 counseling entry was warranted.) c. On 18 May 2018, Petitioner was issued enclosure (2), a counseling entry for committing adultery with three persons. d. In correspondence at enclosure (3), the Commanding Officer (CO), submitted an advocacy letter on behalf of Petitioner. In the letter, Petitioner’s CO describes Petitioner’s professional accomplishments and states “It is a dangerous precedent to punish SNM as part of the willful disclosure of information and activities while pursuing career advancement . . . .” 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 Petitioner’s statement and found it credible. The Board opined that, while inappropriate, the adulterous relationships occurred after a traumatic event and approximately two years before Petitioner’s voluntary disclosure. The Board determined that, given the date of the counseling and mitigating circumstances, it would be unjust for the counseling entry to remain in Petitioner’s record. The Board thus concluded that the 18 May 2018 counseling entry 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 entry dated 18 May 2018. 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.