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 
(b) MCO P1070.12K 

Encl: (1) DD Form 149 w/enclosures 
(2) Administrative Remarks (Page 11) 6105 counseling of 17 Oct 18 
(3) Memorandum Branch Medical Clinic of 30 Oct 18 

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 naval record be corrected by removing an Administrative Remarks (Page 11) counseling of 17 October 
2018 from his official military personnel file (OMPF). 

2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 January 2021 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. Petitioner received enclosure (2), a Page 11 dated 17 October 2018, for refusing to perform his duties as a Marine Corps Drill Instructor and violating Article 86 (Unauthorized Absence) of the Uniform Code of Military Justice (UCMJ) on 16 October 2018. Petitioner 
contends the Page 11 is in error and unjust as he was diagnosed with Post-traumatic stress disorder (PTSD) and struggling with those symptoms and on 16 October 2018 medical professionals determined he should be hospitalized due to his diagnosis. Petitioner included 
enclosure (3), a memorandum from Mental Health Unit, Branch Medical Clinic, Marine Corps , stating that Petitioner is unfit to fulfill his Drill Instructor duties due to his PTSD diagnosis. 

 c. Petitioner was transferred to the on 31 October 2018 and was promoted to staff sergeant 1 October 2020. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. The Board found the entry unjust as Petitioner had a recently diagnosed medical condition that was affecting his ability to perform in a highly demanding billet and Petitioner was unable to perform duties on 16 October 2018 as medical professionals determined he needed to be hospitalized for his well-being. The Board thus concluded that Petitioner’s page 11 entry, enclosure (2), shall be removed. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing enclosure (2), his 17 October 2018 Page 11 6105 counseling entry. 

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. 

 
2/9/2021