Docket No. 3851-19 
Ref: Signature Date 
From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) 10 U.S.C. § 1552 

Encl:(1) DD Form 149 w/enclosures 
     (2) Administrative Remarks (Page 11) 6105 counseling entry of 20 Apr 17 
     (3) Petitioner’s rebuttal of 27 Apr 17 


1.  Pursuant to the reference, Petitioner, an enlisted member 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 20 April 2017 Administrative Remarks (Page 11) 6105 counseling entry. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 5 May 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, 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 April 2017, Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling her regarding a domestic altercation with her spouse, extreme lack of judgement, and her violation of Article 128 (assault), Uniform Code of Military Justice.  Petitioner acknowledged (signed) the entry, and on 27 April 2017, she submitted a written rebuttal. In her rebuttal, Petitioner asserts that it was an argument and no physical altercation took place, and that the military police did not document their statements properly.  

c.  Petitioner contends that her command should have afforded her the opportunity to prove her innocence at either office hours or court martial, but her command did not present either as an option, and instead, gave her an ultimatum to either write a statement against her civilian husband, or be issued a 6105 Page 11 entry.  Petitioner asserts that she refused to write a statement against her civilian husband because there was no altercation in the first place, and because in doing so, she would lose command sponsorship of her family on .  Petitioner claims that, in the best interest of her family, she opted to accept the Page 11 entry in order to keep her husband and children together with her on .  Petitioner also asserts that her husband voluntarily entered alcohol rehabilitation treatment and that he is continuing his aftercare treatment. 

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 consistently maintained that there was no domestic altercation on 19 March 2017, and that the military police report did not accurately document her and her husband’s statements from that evening.  The Board also noted that Petitioner’s command purportedly gave her an ultimatum to either make a written statement against her husband, essentially forcing a loss of command sponsorship of her family, or be issued a 6105 Page 11 counseling entry. 
 
The Board noted that Petitioner opted to receive the Page 11 entry, which allowed her family to remain together on , and for her husband to receive alcohol abuse treatment. The Board determined that, as evidenced by Petitioner’s rebuttal statement, she did not admit to the alleged domestic altercation, but chose the only option available to her that would allow her family to remain together and receive treatment.  The Board thus concluded that the contested Page 11 counseling entry and rebuttal are unjust, and that they shall be removed from her record. 

RECOMMENDATION 

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

Petitioner’s record be corrected by removing enclosure (2), her 20 April 2017 6105 Page 11 counseling entry. 

Petitioner’s record be corrected by removing enclosure (3), her 27 April 2017 rebuttal. 

That any material or entries inconsistent with or relating to the Board’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.