Docket No: 6474-19 
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 1070.12K 
     
Encl: (1) DD Form 149  
      (2) NAVMC 118(11/6105) counseling entry of 27 Aug 18 
    
1.  Pursuant to the provisions of reference (a), 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 a 27 August 2018 Administrative Remarks (Page 11/6105), enclosure (2), from his official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 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, finds 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.  Petitioner contends that the Commanding General (CG), , determined that the counseling entry was unwarranted. 
 
 c.  On 27 August 2018, Petitioner was issued enclosure (2), an Administrative Remarks (Page 11) 6105 entry counseling him for conducting a physical fitness test (PFT) that was under questionable circumstances, without a corpsman, safety measures, a Marine at the turnaround point, or legitimate reason to conduct a PFT outside of the company PFT that was to be conducted only a couple hours later.  Petitioner was also counseled for providing a false statement during a preliminary inquiry.  
 
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 determined that the entry was written and issued in accordance with reference (b), the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided Petitioner written notification concerning his deficiencies, recommendations for corrective action, where to find assistance, and consequences for failure to take corrective action, it afforded him the opportunity to submit a rebuttal, and his CO signed the entry.  Lastly, the entry creates a permanent record of a matter the CO deemed significant enough to document, and as the CO, he was well within his authority to issue the counseling entry.  The Board also noted that, Petitioner was counseled pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) for providing a false official statement and failing to follow the Marine Corps Order in conducting a PFT.  The Board noted, too, Petitioner’s rebuttal statement, in which he admitted that he “did not follow the Marine Corps Order for the PFT” and took full responsibility for his actions but denied making a false statement.  Concerning Petitioner’s contention that the CG, determined that the counseling entry was unwarranted, the Board noted that the CG’s determination was based on a Request Mast petition from another Service member, not Petitioner.  The Board determined, however, that the contested 6105 counseling entry shall be redacted but not removed—specifically, the phrases, “False Statements during a Preliminary Inquiry and” and “You also provided false statements during a preliminary inquiry” shall be redacted from the contested entry.     
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by redacting the 27 March 2018 Page 11 6105 counseling entry by removing the sentences, “False Statements during a Preliminary Inquiry and” and “You also provided false statements during a preliminary inquiry.” 
 
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 additional changes to Petitioner’s 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.