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

Docket No. 2224-19  
Ref:   Signature Date  

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

Ref:  (a) 10 U.S.C. § 1552 
      (b) MCO P1070.12K (IRAM) 

Encl: (1) DD Form 149 w/attachments 
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 23 Dec 14 

1.  Pursuant to reference (a), 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 his 23 December 2014 Administrative Remarks (Page 11) 6105 counseling entry. 

2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 17 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, 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 23 December 2014, Petitioner was issued a Page 11 6105 entry counseling him for violation of the Uniform Code of Military Justice, Article 92 (failure to obey order or regulation) and failure to perform in the capacity as a non-commissioned officer. Petitioner elected to submit a written rebuttal, but the rebuttal is not is his official military personnel file (OMPF), and there is no counter-entry indicating that he did not submit his rebuttal. 

c.  Petitioner contends that the Page 11 entry is missing his electronic data interchange personal identifier (EDIPI), and that his rebuttal was never inserted into his OMPF.  Petitioner also asserts that the allegations made in the entry are false and were the actions of his subordinate Marines, and that he was punished for actions he did not commit. 

CONCLUSION 

Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief.  In this regard, the Board noted that there is no evidence in the record, and Petitioner submitted none, to substantiate his contentions that the allegations made in the entry are false and were the actions of his subordinate Marines, and that he was punished for actions he did not commit.  The Board thus concluded that the Page 11 entry shall remain in Petitioner’s OMPF.
 
The Board, however, determined that Petitioner did chose to submit a written rebuttal, which was not entered into his OMPF.  Therefore, the Board concluded that Petitioner shall be allowed an opportunity to submit a rebuttal statement, providing it is in compliance with reference (b), and that his EDIPI shall be added to the Page 11 entry. 

RECOMMENDATION 

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

Petitioner shall be allowed to submit for inclusion into his OMPF a rebuttal to enclosure (2), his 23 December 2014 Page 11 6105 counseling entry.  If Petitioner elects to submit a rebuttal, it must be in compliance with reference (b) and received by Headquarters, Marine Corps (MMRP) within 60 days of receipt of this letter. 

Petitioner’s naval record be corrected by adding his EDIPI to the Page 11 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. 

Sincerely,