Docket No: 4162-19  
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 1070.12K (IRAM) 
     (c) MCO P1900.16F (MARCORSEPMAN) 

Encl:(1) DD Form 149 
     (2) NAVMC 118(11) 6105 Administrative Remarks of 29 Mar 18 
     (3) NAVMC 118(11) 6105 Administrative Remarks of 31 May 18 
     (4) NAVMC 118(11) 6105 Administrative Remarks of 21 Mar 19 

1.  Pursuant to the provisions of reference (a), 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 from her official military personnel file (OMPF), her Administrative Remarks (Page 11) 6105 counseling entries and respective rebuttal statements.  

2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 21 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. On 29 March 2018, Petitioner was issued enclosure (2), a 6105 entry counseling her failing to keep pace with the battalion hike and being placed in the safety vehicle. Petitioner contends that another female Marine fell out of the hike, but did not receive a counseling entry.  As evidence, Petitioner submitted a printout of text messages. 

b.  On 31 May 2018, Petitioner was issued enclosure (3), a 6105 entry counseling her for failing to obey female hair regulations after being verbally and formally counseled on four other occasions. Petitioner contends that after her hair was cut, the edges of her hair was exactly ¼ of an inch and within regulations according to Marine Corps Order (MCO) 1020.34H, the Marine Corps Uniform Regulations.  As evidence, Petitioner submitted photographs of her haircut. 

c.  On 21 March 2019, Petitioner was issued enclosure (4), a 6105 entry counseling her for disrespect toward a staff non-commissioned officer (SNCO) by brazenly and repeatedly disregarding an order to maintain one arms distance during a game of ultimate Frisbee in front of the Supply platoon. Petitioner contends that she was threatened with going to the brig or signing the counseling entry. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial corrective action.  The Board conclude that Petitioner’s 31 May 2018 6105 Page 11 entry (enclosure (3)) will be removed based upon Petitioner’s rebuttal statement and photographs of her hair within standards. The Board also concluded that Petitioner’s 21 March 2019 6105 Page 11 entry (enclosure (4)) will be removed based Petitioner’s statement that she was threatened with being handcuffed and going to the brig after an ultimate Frisbee game, both compelling and persuasive, and determined that the counseling entry was unjust given the nature of the event.  

Regarding Petitioner’s 29 March 2018 6105 entry (enclosure (2)) failing to complete a command hike, the Board determined that the counseling entry is valid and shall remain in her OMPF.  In this regard, the Board determined that the entry was written and issued pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16 (Marine Corps Separation and Retirement Manual) and MCO 1070.12K (Marine Corps Individual Records Administration Manual).  

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing the 31 May 2018 and 21 March 2019 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 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 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. 





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