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

Docket No: 4057-19  
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/attachments 
      (2) NAVMC 118(11) counseling entry of 3 Dec 18 
      (3) A Co Cmdr ltr 1400 CO undated 
      (4) CO, 1st Law Enforcement Bn ltr 1400 CO of 8 Apr 19 

1.  Pursuant to the provisions of 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 an Administrative Remarks (page 11) 6105 counseling entry from her official military personnel file (OMPF). 

2.  The Board, consisting of          , reviewed Petitioner’s allegations of error and injustice on 14 April 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 that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: 

a.  Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling her for violating a Military Protective Order (MPO).  Petitioner contends that the entry was issued erroneously and without the authorization of her battalion commander. As evidence, Petitioner submitted letters from the officer who issued the counseling entry and the Commanding Officer (CO), .  

b.  The letter from the issuing officer, enclosure (3) states that she did not have the proper authority to issue a MPO and that she improperly issued the 6105 counseling entry. 

c.  The letter from the CO, enclosure (4) states that the counseling entry was issued without the proper authority, there were no signs or allegations of domestic violence, and Petitioner did not warrant a MPO. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action. The Board noted the advocacy letters from the issuing officer and Petitioner’s CO advocating for the removal of the disputed Page 11 entry.  The Board thus determined that the counseling entry is unjust and shall be removed.  

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing her 3 December 2018 6105 Page 11 counseling entry.  

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/database entries that reference or discuss the material being expunged. 

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.