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

Docket No. 1284-19                                                  
Ref: Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 
      (2) Administrative Remarks (Page 11) 6105 counseling of 8 Jul 07   
      (3) LtCol B ltr 1000 I-I of 23 Jan 19 

1.  Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting his record be corrected by removing an Administrative Remarks (Page 11) 6105 counseling from his official military personnel file (OMPF).     

2.  The Board, consisting of       , reviewed Petitioner's allegations of error and injustice on 28 February 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, 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 regulations within the Department of the Navy.

      b.  On 8 July 2007, Petitioner received enclosure (2), a Page 11 6105 counseling entry for his poor decision making ability and failure to set a good example as a Marine non-commissioned officer.  Petitioner asserts that the officer who issued the counseling fully supports Petitioner’s request for removal because it is unjust and more severe than it needed to be.  Additionally, the issuing officer submitted the advocacy letter at enclosure (3), requesting the counseling be removed from Petitioner’s official military personnel file (OMPF) as a matter of clemency. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief. In this regard, the Board noted that there was no error in the issuance of the contested counseling entry, but, as a matter of clemency, the issuing officer requested the entry be removed from Petitioner’s OMPF.  The Board concluded that the contested counseling entry shall be removed from Petitioner’s OMPF.    

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing enclosure (2), the Page 11 6105 counseling dated 8 July 2007, from his OMPF. 
   
Any material or entries inconsistent with, or relating to, the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that 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 expunged material. 

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. 

Sincerely, 


6/12/2019