Docket No: 5504-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) NAVMC 118(11) 6105 counseling entry of 16 Jan 19 (3) Senior Member, AdSep Board ltr 1910 LSST of 14 Jan 19 (4) NAVMC 118(11) 6105 counseling entry of 9 Dec 18 (5) HQMC memo 1070 SEC of 15 Jun 20 1. Pursuant to the provisions of the reference, Petitioner, a former enlisted service 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 16 January 2019 Administrative Remarks (Page 11) 6105 counseling entry and rebuttal from his official military personnel file (OMPF). 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, 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. Pursuant to Marine Corps Order (MCO) 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) Petitioner was issued enclosure (2), a 16 January 2019, 6105 page 11 entry counseling him for an undue familiar relationship as a married man with a female Marine and for providing false official statements during the conduct of a command investigation. Petitioner contends that his administrative separation board unanimously found that there was no basis for the allegations of an undue familiar relationship or false official statements. Petitioner also contends that the entry was entered in his record after he was discharged. b. In enclosure (3), Petitioner’s administrative separation board unanimously found that the preponderance of the evidence did not prove the acts or omissions alleged and voted to retain Petitioner in the Marine Corps. c. In enclosure (4), Petitioner was issued a 4 December 2018, 6105 page 11 entry counseling him for the commission of a serious offense and notifying him that he was being processed for administrative separation. d. In enclosure (5), the advisory opinion (AO) recommended removing Petitioner’s 16 January 2019 page 11 entry. The AO noted that the entry was written in accordance with Marine Corps Order (MCO) P1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), however, the counseling entry was unjust because Petitioner’s administrative separation board found that the preponderance of evidence did not prove any of the acts or omission alleged and the board members voted to retain Petitioner in the Marine Corps. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. The Board noted that, enclosure (2), Petitioner’s contested page 11 entry was issued after his administrative separation board’s determination. The Board substantially concurred with the AO that Petitioner’s 19 January 2019 6105 page 11 entry was written in accordance with the IRAM. The Board also determined that the entry met the 6105 counseling requirements detailed in MCO P1070.12K. Specifically, the entry provided written notification concerning Petitioner’s deficiencies/impairments, specific recommendations for corrective action, indicated any assistance available, provided a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and afforded Petitioner the opportunity to submit a rebuttal. Contrary to the AO, the Board determined that Petitioner’s contested counseling entry should remain in his OMPF and Petitioner’s 4 December 2018 page 11 counseling entry should be removed. In this regard, the Board noted that Petitioner was issued enclosure (4) on 9 December 2018 notifying him that he is being processed for administrative separation. On 14 January 2019, Petitioner’s administrative separation board voted to retain him in the Marine Corps. Accordingly, the Board determined that in accordance with the IRAM, the 9 December 2018 page 11 entry and rebuttal statement shall be removed. The Board also determined that Petitioner’s 16 January 2019 6105 page 11 entry is valid and shall remain in Petitioner’s OMPF. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 4 December 2018 6105 page 11 counseling entry and 4 December 2018 rebuttal statement. 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 that 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.