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

Docket No: 7907-18  
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  


Ref: (a) 10 U.S.C. §1552 
     (b) JAGINST 5800.7F 

Encl: (1) DD Form 149 
      (2) Punitive Letter of Admonition dated 27 March 2018 
      (3) CO, Marine Aviation Logistics ltr 1900 CO of 13 Jun 18 


1.  Pursuant to the provisions of reference (a), Petitioner, an enlisted Marine, filed enclosure (1) with this Board requesting the removal of a Punitive Letter of Admonition and the fitness report period covering 22 December 2017 to 2 May 2018 from his official military personnel file (OMPF). 

2.  The Board, consisting of                         	, reviewed Petitioner's allegations of error and injustice on 2 October 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 the 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.  On 27 March 2018, Petitioner was issued enclosure (2), a Punitive Letter of Admonition resulting from a Command Investigation into allegations of assault.  The Command Investigation concluded that Petitioner choked a junior Marine while making offensive comments toward him in the presence of other Marines in the work space.   

b.  In accordance with reference (b), a Punitive Letter of Admonishment can be issued pursuant to non-judicial punishment.  Since Petitioner was not the subject of non-judicial punishment the Punitive Letter of Admonishment was issued erroneously. 

c.  Having recognized the error, on 13 June 2018, Petitioner was issued a 6105 Administrative Remarks counseling entry documenting the misconduct.  Specifically, “for assaulting a Marine by choking him around the neck with his hands.” Petitioner was given an opportunity to provide a rebuttal, but chose not to make a statement. 

d.  On 13 June 2018, the Commanding Officer, Marine Aviation Logistics Squadron-14 submitted enclosure (3), requesting the removal of the Letter of Admonition due to an administrative error.  


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 Petitioner’s command took swift and deliberate action to address the administrative error mentioned in enclosure (3) once it was identified.  Once the error was identified, the command issued the appropriate 6105 counseling entry.  Therefore, the Board concluded, the Punitive Letter of Admonishment was issued erroneously in accordance with regulations and should be removed from Petitioners OMPF.  

Regarding the removal of the fitness report period covering 22 December 2017 to 2 May 2018, the Board determined that Petitioner must exhaust all administrative remedies before submitting a petition to the BCNR. 

RECOMMENDATION 
Remove enclosure (2), the Punitive Letter of Admonition from Petitioner’s OMPF. 
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. 
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 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 of the Secretary of the Navy.