Docket No. 5333-19 
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 P1900.16F (MARCORSEPMAN) 

Encl: (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (Page 11) 6105 counseling entry of 10 Apr 19 
      (3) Petitioner’s rebuttal of 16 Apr 19 


1.  Pursuant to reference (a), 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 10 April 2019 Administrative Remarks (Page 11) 6105 counseling entry. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 July 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, as well as 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 19 August 2015, Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling him for his violation of MC Order 1020.34H, MCO P1400.3D, and dereliction of duty.  Specifically, Petitioner was seen at Wal-Mart with what could be categorized as a full beard.  Petitioner acknowledged (signed) the entry, and elected to submit a written rebuttal.  In his rebuttal at enclosure (3), Petitioner expressed his regret for the embarrassment and disrespect to the grade he has been entrusted to uphold as a senior enlisted staff non-commissioned officer. Petitioner also took full responsibility and ensured that it would never happen again. 

c.  Petitioner contends that the Page 11 is unjust and disproportionate to his offense.  He asserts that it was likely issued due to the undue influence from another senior enlisted advisor from a lateral major subordinate command element who is not in the chain of command.  Petitioner also asserts that the small infraction could have been resolved with the commander by issuing a non-punitive letter of caution vice a 6105 entry. 

d.  Per reference (b), paragraph 6105, Marine Corps policy is that reasonable efforts at rehabilitation should be made before initiation of separation proceedings.  Unless separation is mandatory, the potential for rehabilitation and further useful military service will be considered by the separation authority and, where applicable, the administrative board. In cases involving unsatisfactory performance, pattern of misconduct, minor disciplinary infractions, or other bases requiring counseling under paragraph 6105, separation processing may not be initiated until the Marine is counseled concerning deficiencies, and afforded a reasonable opportunity to overcome those deficiencies as reflected in appropriate counseling and personnel records. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and in light of the intent and purpose of a 6105 counseling, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board determined that Petitioner’s commanding officer was within his discretionary authority to issue the counseling, and that the counseling is not in error.  However, the Board determined that Petitioner’s actions did not constitute unsatisfactory performance, a pattern of misconduct, or a minor disciplinary infraction requiring rehabilitation.  The Board agreed with Petitioner that the offense could have been better addressed through an informal counseling, and determined that the presence of the Page 11 in his official military personnel file (OMPF) will likely unjustly hinder his promotion potential and future assignments.  

The Board thus concluded that Petitioner’s 10 April 2019 Page 11 6105 counseling entry and his 16 April 2019 rebuttal shall be removed from his OMPF. 

RECOMMENDATION 

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

Petitioner’s record be corrected by removing enclosure (2), his 10 April 2019 Page 11 6105 counseling entry. 

Petitioner’s naval record be corrected by removing enclosure (3), his 16 April 2019 rebuttal. 

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 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.