Docket No: 10118-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
   (2) NAVMC 118(11) Administrative Remarks of 15 Dec 15 
 (3) Family Court of the  of 14 Dec 15  
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his/her naval record be corrected by removing his Administrative Remarks (page 11) 6105 counseling entry from his official military personnel file (OMPF). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 15 December 2020 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 15 December 2015, Petitioner’s was issued enclosure (2), a 6105 page 11 entry counseling him for having inappropriate relations with a female not his spouse on 12 and 13 December 2015 while in military housing. 
 
     b.  On 14 December 2015, enclosure (3), a decree granting absolute divorce was signed by the judge for the Family Court of the .  
 
     c.  Petitioner contends that the final disposition for his divorce was on 19 November 2015 and both he and his ex-wife signed the divorce decree on 5 December 2015.  Petitioner contends that he received the counseling one day after the judge signed the divorce decree. 

CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board noted that according to enclosure (3), Petitioner and his ex-wife signed the divorce decree on 3 December 2015.  The Board also noted the basis for the page 11 entry and determined that based on the totality of the Petitioner’s circumstance, the issuance of a 6105 page 11 entry was excessive.  The Board opined that it was reasonable for Petitioner to presume that his divorce was or would be final shortly after he and his ex-wife signed the divorce decree.  The Board concluded that Petitioner’s contested page 11 entry shall be removed.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 15 March 2015, Administrative Remarks (page 11) entry.  
 
Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and 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.