Docket No: 5503-19 
Ref:   Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:     
  
Ref:  (a) 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 
      (2) NAVMC 118(11) Administrative Remarks 6105 (page 11) of 25 Sep 18 
      (3) NAVMC 118(11) Administrative Remarks 6105 (page 11) of 12 Dec 18 
 
1.  Pursuant to the provisions of the reference, Petitioner, an enlisted service 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 enclosures (2) and (3), her 6105 page 11 entries. 
 
2.  The Board, consisting of                , reviewed Petitioner's allegations of error and injustice on 16 June 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 25 September 2018, Petitioner was  issued enclosure (2), a 6105 entry counseling her for an incident on or about 17 March 2018 that resulted in her detention by law enforcement.   
 
 b.  On 18 December 2018, Petitioner was issued enclosure (3), a 6105 entry counseling her for being arrested by civilian law enforcement for an alcohol related incident. 
 
 c.  Petitioner contends that both 6105 page 11 counseling entries concern the same incident that occurred on 17 March 2018.  She asserts that her commanding officer (CO) at the time of the incident delayed issuing a counseling entry due to the continued postponement of adjudication by the civilian authorities.  That CO executed permanent change of station orders in July 2018.  Subsequently, the civilian authorities dismissed and expunged the charges after Petitioner completed a nine-month pre-trial diversion program.  Petitioner asserts that the CO who issued both 6105 page 11 counseling entries had not yet checked in to the unit at the time of the incident.   
 
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 noted that both 6105 page 11 entries are related to Petitioner’s 17 March 2018 arrest and detention by civil authorities for an alcohol related incident.  The Board, however, noted that Petitioner’s counseling entry provided in enclosure (2) did not appropriately document her alcohol related incident, as required in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM).  The Board determined that Petitioner’s 25 September 2018 page 11 is in error and shall be removed.   
 
The Board also noted that Petitioner was properly counseled on 18 December 2018, under paragraph 4006.3.p of the IRAM for her alcohol-related misconduct. Specifically, the entry provided written notification concerning her deficiencies, consequences for failure to take corrective action, it afforded her the opportunity to submit a rebuttal, and her commanding officer (CO) signed the entry.  Moreover, the entry creates a permanent record of matters her CO deemed significant enough to document, and as her CO, he was well within his authority to issue the counseling entry.  The Board determined that Petitioner’s participation in a pre-trial diversion program does not invalidate the fact that she was detained for an alcohol related incident.  The Board thus concluded that Petitioner’s 18 December 2018 page 11 was not a material error or injustice and shall remain in her record.  
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing her 25 September 2018 Administrative Remarks 6105 page 11 entry. 
 
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/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.