DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9189-18 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 1070.12K W/CH 1 Encl: (1) DD Form 149 (2) NAVMC 118(11) counseling entry of 12 Jan 16 (3) Commanding Officer, 9th Marine Corps District ltr 5800 CO of 15 Aug 16 1. Pursuant to the provisions of reference (a), Petitioner, a staff non-commissioned officer of the Marine Corps filed enclosure (1) with this Board requesting his record be corrected by removing the Administrative Remarks counseling entry dated 12 January 2016. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 20 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 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. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. In enclosure (1), Petitioner contends the counseling entry is erroneous because he was the subject of allegations that were later determined to be false. The relief for cause was invoked without any evidence of wrongdoing. After multiple command investigations, all charges were withdrawn and dismissed without prejudice. c. On 12 January 2016, Petitioner was issued enclosure (2), a counseling entry terminating his Special Duty Assignment pay due to his relief for cause, which resulted in his removal from production as a canvassing recruiter. d. Enclosure (3) reflects that the charges and specifications against Petitioner were withdrawn and dismissed without prejudice. e. A 28 September 2017 letter from to the President of the FY19 E-8 Selection Board, states, Petitioner “was found innocent of all charges and acquitted.” “Like his relief, the 6105 was, and is, without merit.” CONCLUSION Upon review and consideration of all the evidence of record, the Board found the existence of an injustice warranting corrective action. The Board noted that the counseling entry, when issued, was not in error and was written in accordance with reference (b), the Individual Records Administration Manual. However, the Board determined Petitioner’s statement – coupled with the evidence and determination to withdraw and dismiss all charges – was sufficient to determine that it would be unjust not to remove the counseling entry. As such, the Board concluded the counseling entry dated 12 January 2016, contained in enclosure (2) 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 12 January 2016. 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 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.