DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 36-19 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 10132 Unit Punishment Book of 10 Aug 15 (3) NAVMC 118(11) Administrative Remarks of 10 Aug 15 1. Pursuant to the reference, Petitioner, a non-commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that her record be corrected by removing her 10 August 2015, Unit Punishment Book (UPB)/non-judicial punishment (NJP), enclosure (2), her 10 August 2015, Administrative Remarks (Page 11) 6105 counseling, and promotion non-recommendation counseling, enclosure (3), from her official military personnel file (OMPF). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 January 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 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 the UPB and counseling entries contain an electronic data interchange personal identifier (EDIPI) “ ” that is not hers, thus Petitioner believes this error invalidates the NJP and counseling entries. As evidence, Petitioner submitted her Marine Corps Total Force Structure (MCTFS) data with her EDIPI “ ”. c. On 10 August 2015, Petitioner was the subject of NJP for violation of Article 92, for allowing a person she was engaged to be married to, sleep in her barracks room. Petitioner was awarded reduction in grade to E-2, forfeiture of pay and restriction. Petitioner’s forfeiture of pay was suspended for six months. d. On 10 August 2015, Petitioner was issued enclosure (3), an Administrative Remarks (Page 11) 6105 counseling for being the subject of NJP. Petitioner was also issued a counseling restricting her from promotion to Lance Corporal for six months as a result of her NJP. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action. The Board determined that the contested UPB and counseling entries shall remain in Petitioners OMPF; however the contested documents contain an administrative error. The Board noted that the Petitioner was properly notified of her right to refuse NJP, afforded the opportunity to consult with a military lawyer before deciding, acknowledged and signed her Article 31 rights, was afforded the opportunity to appeal the NJP, Petitioner chose to accept NJP, and did not appeal the NJP. Accordingly, the Board determined that the NJP was conducted pursuant to the Manual for Courts-Martial. The Board also determined that the counseling entries were written and issued in accordance with the Marine Corps Individual Records Administration Manual (IRAM). Specifically, the 6105 counseling provided written notification concerning her deficiencies/impairments, recommendations for corrective action, where to find assistance, consequences for failure to take corrective action, afforded her the opportunity to submit a rebuttal, and the CO signed the entry. The entries create a permanent record of matters the CO deemed significant enough to document, and as the CO, he was well within his authority to issue the counseling entry. The Board noted that Petitioner was counseled pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) for being the subject of NJP. Concerning Petitioner’s contention that the UPB and counseling entries contain the incorrect EDIPI, the Board noted that the Petitioner was, in fact the subject of NJP on 10 August 2015 and the Petitioner was reduced in grade to E-2 on 10 August 2015. The Board determined that the incorrect EDIPI is a minor administrative error and does not invalidate the NJP or the counseling entries. The Board concluded that the EDIPI on Petitioner’s UPB and 10 August 2015 counseling entries shall be corrected to reflect “ ” instead of “ .” RECOMMENDATION In view of the above, the Board directs the following corrective action: Petitioner’s naval record be corrected by changing the 10 August 2015, Unit Punishment Book, enclosure (2), EDIPI to instead of . Petitioner’s naval record be corrected by changing the 10 August 2015 Administrative Remarks (Page 11) counseling entry, enclosure (3) to instead of . 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 and data base entries which reference or discuss the material being expunged. No other changes to Petitioner’s naval 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 3/3/2020