From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO   
 
 
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149  
 
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 to remove a 6105 entry dated 15 November 2019 from his record.   
                                              
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 18 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 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 regulations within the Department of the Navy.   
 
     b.  Petitioner entered active duty with the Marine Corps in December 1999 and served without incident until 2019.  On 5 July 2019, civilian police were called to Petitioner’s residence due to an incident of suspected spousal abuse.  The police were unable to substantiate any abuse by the Petitioner but removed him from his residence due to his intoxicated state and turned him over to military authorities as a courtesy.   
 
     c.  A command investigation conducted in September 2019 concluded insufficient evidence existed to substantiate any allegations of abuse by Petitioner but recommended he be counselled via a Non-Punitive Letter of Caution (NPLOC) for his alcohol related behavior.  Commanding Officer, Headquarters and Support Battalion, Marine Corps Installations   endorsed the investigation and agreed with finding that spousal abuse was not substantiated.  However, the Commanding Officer concluded that a 6105 counselling statement was more appropriate than a NPLOC to document the incident in Petitioner’s record.  Commanding General,  concurred with the original findings and recommendations to issue a NPLOC.  The 25 October 2019 endorsement specifically non-concurred with placing a 6105 entry into Petitioner’s record.  Despite this endorsement, Petitioner was counselled on 15 November 2019 for the 5 July 2019 incident and a 6105 entry was made in Petitioner’s record.   
 
     d.  Chief of Staff,  provided a letter recommending removal of the 6105 entry from Petitioner’s record. 
                                    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board concluded the preponderance of the evidence supports removal of the 15 November 2019 6105 entry from Petitioner’s record.  In making their finding, the Board concurred with the rationale provided by Chief of Staff,  .  The Board also noted that Commanding General,  concluded that a 6105 counselling for the 5 July 2019 incident was not appropriate. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing from Petitioner’s record the 15 November 2019 6105 entry that documents the 5 July 2019 incident involving suspected domestic assault and drunk and disorderly misconduct.     
 
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.