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

Docket No. 6128-18 
Ref: Signature Date

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

Subj:

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

Encl:	(1) DD Form 149
        (2) Administrative Remarks (Page 11) 6105 counseling of 14 Sep 17

1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board, requesting that her record be corrected by removing a 14 September 2017 Administrative Remarks (Page 11) 6105 counseling entry (enclosure (2)).

2. The Board, consisting of	, reviewed Petitioner's allegations of error and injustice on 27 August 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, found 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. On 14 September 2017, Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling her for failing to conduct herself in a professional and military manner after being reported for violating an order. Petitioner signed the entry, acknowledging the counseling, and submitted a written rebuttal. However, Petitioner’s rebuttal was not entered into her official military personnel file (OMPF), and there is no counter entry stating that her rebuttal was not received.

   c. Petitioner contends that the entry is in error and unjust, and should be removed because her rebuttal statement was not entered into her OMPF.
  
CONCLUSION

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board determined that it is in error that her rebuttal was not entered into her OMPF. The Board determined, however, that, pursuant to reference (b), the counseling entry is otherwise administratively and procedurally correct as written and filed.  Furthermore, the Board determined that the entry creates a permanent record of a matter her commanding officer deemed significant enough to document.  The Board therefore concluded that Petitioner shall be allowed an opportunity to submit a rebuttal statement, providing it is in compliance with reference (b).

RECOMMENDATION

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

Petitioner shall be allowed to submit for inclusion into her OMPF a rebuttal to enclosure (2), the 14 September 2017 counseling entry. If Petitioner elects to submit a rebuttal, it must be in compliance with reference (b) and received by Headquarters, Marine Corps (MMRP) within 60 days of receipt of this letter.

No further relief be granted.

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.

Sincerely,