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

Docket No. 1820-19 
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 w/enclosures 
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 8 Jun 18 
      (3) Administrative Remarks (Page 11) 6105 counseling entry of 8 Jun 18 

1.  Pursuant to the reference, Petitioner, an enlisted member of the Marine Corps, filed enclosure 
(1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing and replacing an Administrative Remarks (Page 11) counseling entry with a corrected Page 11 entry. 

2.  The Board, consisting of       reviewed Petitioner’s allegations of error and injustice on 3 March 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 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 8 June 2018, Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling him for violation of the Uniform Code of Military Justice (UCMJ), Article 92 (failure to obey order or regulation) by disobeying a liberty policy.  The entry also counsels another Marine for offenses specific to that Marine, and not applicable to Petitioner.  Petitioner acknowledged (signed) the counseling and chose not to submit a rebuttal. 

c.  Petitioner contends that the entry at enclosure (2) is in error and unjust because it contains offenses that he did not commit, and that were meant for another Marine.  Petitioner submitted with his application enclosure (3), a revised Page 11entry issued by his commanding officer and signed by Petitioner to replace the erroneous Page 11 at enclosure (2). 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board noted that Petitioner was erroneously issued a Page 11 entry counseling him for offenses that he did not commit but that were committed by another Marine named in the entry.  Additionally, the Board noted that Petitioner furnished a re-issued entry to replace the erroneous Page 11 entry.  The Board concluded that the Page 11entry at enclosure (2) shall be removed and replaced with the Page 11 entry at enclosure (3). 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action:
 
Petitioner’s naval record be corrected by removing his 8 June 2018 Page 11 6105 counseling entry at enclosure (2) and replaced with the Page 11 entry at enclosure (3). 

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 or 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

Sincerely,