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

Docket No. 10987-19 
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
Subj:   REVIEW OF NAVAL RECORD OF USMC 


Ref:    (a) Title 10 U.S.C. § 1552            
        (b) MCO P1070.12K             
        (c) MCO 1900.16 
Encl:   (1) DD Form 149 w/attachments 
(2) Administrative Remarks (Page 11) 6105 counseling entry of 8 Dec 04 
(3) Petitioner’s rebuttal of 12 Jan 05 

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 his 8 December 2004 Administrative Remarks (Page 11) 6105 counseling entry. 

2. The Board, consisting of ,              reviewed Petitioner’s allegations of error and injustice on 11 February 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, as well as 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 9 December 2004, Petitioner was issued enclosure (2), a Page 11 6105 entry counseling him for a pattern of marital disputes and allegations made by his wife.  Petitioner stated in his rebuttal at enclosure (3) that the situation was out of his hands, even after counseling and separation.  He also denied the accusations, which were either retracted or not proven. 

      c.  Petitioner contends that the counseling entry is unjust because he had no control over his previous spouse’s actions, and that the incidents took place over 15 years ago.  Petitioner asserts that since then, he has had a successful career and the entry has no relevance and does not provide any value to his records or the U.S. Marine Corps. 

      d. Pursuant to reference (b), any document that reflects unfavorably upon a Marine’s mental, moral, or professional qualifications, is filed in the official military personnel file (OMPF). 

CONCLUSION 

Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief. In this regard, the Board was not willing to remove the contested Page 11. The Board determined that the issuing officer was within his discretionary authority to issue the Page 11 6105 counseling entry.  The Board also determined that the entry creates a permanent record of a matter he deemed significant enough to document, and Petitioner’s evidence did not show otherwise.  Moreover, the entry met the 6105 counseling requirements detailed in reference (c).  Specifically, the Board noted that the entry provided written notification concerning Petitioner’s deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  He was afforded the opportunity to rebut the counseling, and his written response is included in his OMPF.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting removal from his OMPF. 

However, the Board noted that the entry did not identify any Article(s) of the Uniform Code of Military Justice (UCMJ) that Petitioner had violated.  The Board determined that it was therefore unjust for the entry to comment that “. . . any further violations of the UCMJ may result in . . .” The Board thus concluded that the word “further” shall be redacted from the counseling entry. 

RECOMMENDATION 
In view of the above, the Board recommends the following corrective action. 
Petitioner’s naval record be corrected by redacting the word “further” from the 8 December 2004 Page 11 6105 counseling entry at enclosure (2). 
That 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.