Docket No: 2926-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 (2) NAVMC 118(11/6105) counseling entry of 22 Mar 13 (3) NAVMC 118(11/6105) counseling entry of 13 Aug 13 (4) NAVMC 118(11/6105) counseling entry of 18 May 16 1. Pursuant to the provisions of reference, Petitioner, a non-commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that his record be corrected by removing a 13 August 2013 and 18 May 2016, Administrative Remarks (Page 11/6105), enclosure (3) and enclosure (4). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 29 October 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 finds 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. Petitioner contends that in he was counseled twice for the same event on 13 August 2013 and the 18 May 2016 counseling entry was unjust. He did not receive an adverse fitness report, was never counseled before receiving the counseling entry, and was not permitted to see the legal officer or view the findings of the investigation. Petitioner asserts that he signed the entry under duress, because he was told that he would not be allowed to transfer unless he signed the counseling entry. Lastly, Petitioner asserts that he did not sign the entry with the commanding officer (CO). c. Petitioner was issued enclosure (2), a 22 March 2013 Administrative Remarks (Page 11/6105) for driving 40 MPH in a 25 MPH zone on base. d. Petitioner was issued enclosure (3), a 13 August 2013 Administrative Remarks (Page 11/6105) for operating his vehicle without the vehicle registration and for driving 58 MPH in a 35 MPH zone on base. The counseling entry included the statement “On or about 4 March 2013, you were driving 40 MPH in a 25 MPH zone on base” referencing Petitioner’s previous traffic violation, which he received an Administrative Remarks (Page 11/6105) on 22 March 2013 (enclosure (2)). e. Petitioner was issued enclosure (4), a 18 May 2016 Administrative Remarks (Page 11/6105) for inappropriate relationships, fraternization, toxic leadership, poor judgement, and lack of professionalism. Specifically, unduly familiar relationships with junior Marines, providing alcohol to Marines junior in rank and under the legal drinking age of 21. The entry also stated that the command received an anonymous complaint of abuse of power by non-commissioned officers (NCO), fraternization, and overall poor morale amongst the junior troops. Personal interviews, videos and photographs revealed that the Petitioner was the Platoon Sergeant causing the issues. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. The Board noted that the 13 August 2013 counseling referenced Petitioner’s previous speeding violation that occurred during March 2013. The Board determined that Petitioner was previously counseling per enclosure (2) and any mention of the previous speeding violation is unjust and should be redacted from enclosure (3). Concerning Petitioner’s contentions that enclosure (4), the 18 May 2016 counseling entry was unjust. The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), he was counseled for inappropriate relationships, fraternization, toxic leadership, poor judgement, and lack of professionalism. The Board also noted that Petitioner chose to submit a rebuttal however, a rebuttal is not on file in his official military personnel file and the rebuttal was not provided. The Board determined that the reporting senior is not required to issue an adverse fitness report. There is also no requirement to counsel a Marine or to provide legal counsel before issuing a 6105 counseling entry. Moreover, the Board determined that the entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM). Specifically, the entry provided written notification concerning his deficiencies/impairments, specific recommendations for corrective action, available assistance, a comprehensive explanation of the consequences, an opportunity to submit a rebuttal, and the CO signed the entry. The entry creates a permanent record of a matter the CO deemed significant enough to document, and as the CO, he was well within his authority to issue the counseling entry. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by redacting the 13 August 2013 Administrative Remarks (Page 11/6105). Specifically, the sentence “On or about 04 March 2013, you were driving 40 mph in a 25 mph zone on base” (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, that no such entries or material be added to the record in the future. This includes but is not limited to all information systems/data base entries which reference and/or discuss the material being expunged. No additional changes to Petitioner’s record. 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 Regulation, 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.