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

Docket No. 2869-19 
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 W/CH 1 (IRAM) 

Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 19 Aug 15 

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 19 August 2015 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 19 August 2015, Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling him regarding his spouse’s allegations against Petitioner of an inappropriate relationship with another person.  Petitioner’s spouse retracted her statement, and a command investigation (CI) did not substantiate the allegations.  The entry also advised Petitioner to seek either marriage counseling or legal advice for a divorce, to come up with a mutual agreement with his spouse on who will see their son with specific days and times, and that the incident gave his command and his wife an initial impression that he went against “our Core Values.” Petitioner acknowledged (signed) the entry, and elected to submit a written rebuttal.  However, Petitioner’s rebuttal was not entered into his official military personnel file (OMPF), and there is no counter-entry stating that his rebuttal was not received. 

c.  Petitioner contends that his command issued the Page 11 entry without any evidence of wrongdoing, that there was not enough credible evidence to prove his guilt, and that it advises him to never give anyone the impression that he is violating core values. Petitioner asserts that after he received the counseling, he continued to work as a canvasing recruiter, his leadership never lost trust and confidence, and his fitness reports have never shown any adversity. Petitioner also contends that his rebuttal was never submitted for inclusion in his OMPF. 

d.  Pursuant to reference (b), commanders should limit administrative remarks to matters forming an essential and permanent part of a Marine’s military history. 

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 determined that the contested Page 11 entry is unjust because it counsels Petitioner on the actions of his spouse, a CI that could not substantiate allegations of an inappropriate relationship, and for giving the impression that he went against core values—matters that are not essential in forming a permanent part of Petitioner’s military history.  The Board also noted that it is in error and unjust that Petitioner’s rebuttal was not entered into his OMPF. Therefore, the Board concluded that the contested Page 11 counseling entry shall be removed from Petitioner’s OMPF. 

RECOMMENDATION 

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

Petitioner’s record be corrected by removing enclosure (2), his 19 August 2015 Page 11 6105 counseling entry. 

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,