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

Docket No. 2898-19 
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 20 Jun 18 
      (3) HQMC memo 1070 JPL of 4 Oct 19 

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 an Administrative Remarks (Page 11) counseling entry. 

2.  The Board, consisting of            , reviewed Petitioner’s allegations of error and injustice on 26 November 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 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 20 June 2018, Petitioner was issued enclosure (2), a Page 11 entry counseling him for violation of the Uniform Code of Military Justice (UCMJ), Article 91 (willful disobedience of a non-commissioned officer) by making sexual advances towards another student, Article 92 (failure to obey order or regulation) by sexually harassing another student, and Article 134 (solicitation) to get an individual under 21 to consume alcohol.  Petitioner was also notified that he was being processed for administrative separation.  Petitioner acknowledged the counseling and chose to submit a rebuttal, stating that he did not commit any of the acts alleged against him. 

c.  Petitioner contends that he was falsely accused, is innocent of the conduct documented in the counseling entry, the court-martial case against him was dismissed and his command cancelled administrative separation proceedings. 

d.  An advisory opinion (AO) at enclosure (3), furnished by Headquarters, Marine Corps (JPL) recommended that Petitioner’s request be approved, noting that Petitioner has met his burden to demonstrate that probable material error exists with regard to the Page 11 entry in his official military personnel file (OMPF), and that entry should be removed to avoid injustice.  The AO also noted that, while the Page 11 entry’s statement regarding Petitioner “being processed for judicial or adverse administrative action” was true at the time the Page 11 entry was issued, that statement is no longer accurate as Petitioner has not been tried at a courts-martial or taken to an administrative separation board.  JPL determined that, ultimately, the administrative separation board scheduled for Petitioner was cancelled without explanation from Petitioner’s command, and that it appears likely based on the interview of the alleged victim that the command recognized that the alleged victim’s version of events did not strongly support the misconduct charged against Petitioner.  JPL further determined that, regardless of the reasons that Petitioner was not ultimately processed for separation, the Page 11 entry provides an inaccurate narrative regarding the underlying allegations and the disposition of the allegations raised against Petitioner, which is prejudicial to Petitioner’s career and ability to be promoted in the future. 

e.  Per reference (b), Page 11 entries that concern administrative discharge will not remain in a member’s OMPF if theydo not, upon final review, result in discharge or reduction. 

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 has not been tried at a courts-martial or taken to an administrative separation board, and substantially concurred with the AO that the Page 11 entry provides an inaccurate narrative regarding the underlying allegations and the disposition of the allegations raised against Petitioner, which is prejudicial to Petitioner’s career and ability to be promoted in the future.  Additionally, the Board noted that Petitioner was not ultimately processed for separation, and pursuant to reference (b), the Board concluded that the Page11 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 his 20 June 2018 Page 11 6105 counseling entry at enclosure (2). 

Any material or entries inconsistent with or relating to theBoard’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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

Sincerely,