Docket No: 5765-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD 
   
 
Ref:  (a) 10 U.S.C. § 1552 
   
Encl: (1) DD Form 149 w/attachments  
      (2) NAVMC 118(11) 6105 counseling entry of 11 Sep 12 
      (3) ’ rebuttal statement of 13 Sep 12  
      (4) Capt ’ ltr 5800 TAR of 15 May 19 
      (5) CO, Supply Company,  ltr 5800 CO of 16 May 19 
  
1.  Pursuant to the provisions of the reference, Petitioner, a staff non-commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing an Administrative Remarks (Page 11) 6105 counseling entry from his official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 7 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.  Petitioner was issued enclosure (2), a 6105 page 11 entry counseling him for fraternization and misuse of government information systems and computer resources.  Specifically, he was counseled for using his rank and position to unduly influence junior Marines into purchasing products from his personal home business .  Petitioner contends that he did not use his rank to influence subordinates and did not use government computers to conduct business.  As evidence, Petitioner submitted enclosures (4) and (5), advocacy letters from the officer that issued his counseling entry and the Commanding Officer (CO), Supply Company, Supply Battalion.    
 
 b.  In enclosure (4), the officer that issued the counseling noted that due to factual errors unknown to him at the time of the entry, unjust punishment was issued to Petitioner.   
 
 c.  In enclosure (5), the CO,  , , noted that after a review of Petitioner’s rebuttal, reflection, discussions with members of the chain of command, and relevant orders, the issuance of the 6105 was unjust.  
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noted enclosure (3), Petitioner’s rebuttal statement denying allegations that he used a government computer for his personal business and his rank for financial gain.  The Board also noted that Petitioner and his advocacy letters remarked that one Marine voluntarily requested the Petitioner’s assistance, resulting in a one-time financial transaction, authorized by Marine Corps regulations.  Accordingly, the Board determined that Petitioner’s 6105 page 11 entry is unjust.  The Board thus concluded that Petitioner’s 6105 page 11 entry and rebuttal statement shall be removed.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 11 September 2012 6105 page 11 counseling entry and 13 September 2012 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.  
 
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.