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

Docket No. 5322-19 
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 
      (2) Administrative Remarks (Page 11) counseling of 22 Jul 18 
      (3) Petitioner’s rebuttal of 27 Jul 18 
      (4) CO,  ltr 1610 CO of 2 May 19 

1.   Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his 22 July 2018 Administrative Remarks (Page 11) counseling entry and 27 July 2018 rebuttal statement.  

2.  The Board, consisting of     , reviewed Petitioner’s allegations of error and injustice on 28 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, 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 22 July 2018, Petitioner was issued enclosure (2), a Page 11 entry counseling him for having inappropriate relationships without being legally divorced.  Petitioner acknowledged (signed) the entry and submitted a rebuttal, enclosure (3). 

c.  Petitioner submitted enclosure (3), an advocacy letter from his former commanding officer (CO), requesting that the Page 11 entry be removed from Petitioner’s OMPF based on new information that he was not aware of at the time he issued the counseling, and reconsideration of his decision to issue the counseling.  

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’s CO reconsidered his decision to issue the Page 11 and determined that he would not have issued the counseling based on new information he was not aware of at the time it was issued.  The Board thus concluded that the entries at enclosures (2) and (3) shall be removed from Petitioner’s OMPF. 

RECOMMENDATION 

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

Petitioner’s record be corrected by removing enclosure (2), his 22 July 2018 Page 11 counseling entry. 

Petitioner’s record be corrected by removing his 27 July 2018 rebuttal. 

Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 

Sincerely,