From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
      
 Ref:  (a) Title 10 U.S.C. § 1552 
       (b) MCO P1070.12K W/CH 1 
       (c) MCO 1900.16  
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Administrative Remarks (Page 11) 6105 counseling of 28 Jun 17 signed by  “Commanding Officer” 
        (3) Administrative Remarks (Page 11) 6105 counseling of 28 Jun 17 signed by “CO” 
 
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 naval record be corrected by removing two Administrative Remarks (Page 11) 6105 counseling entries issued on 28 June 2017. 
 
2.  The Board, consisting of ,  ,  and   , reviewed Petitioner’s allegations of error and injustice on 15 September 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 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 was issued enclosure (2), a Page 11 6105 entry counseling him for not being at his assigned installation between the hours of 0100 to 0500 or in possession of a proper leave/pass/liberty form on 31 March 2017.  He also failed to maintain accountability for all of the members of his group.  The entry indicates that the Page 11 was issued by his “Commanding Officer.”  Petitioner acknowledged the entry and chose not to submit a rebuttal. 
 
      c.  Petitioner was issued enclosure (3), a near-identical Page 11 6105 entry.  This entry appears to be signed by his company commander, and indicates that it was issued by his “CO.” Petitioner acknowledged the entry and chose not to submit a rebuttal. 

 d.  Petitioner contends that proper administrative and counseling procedures were not followed prior to submitting the entries into his official military personnel file (OMPF).  He asserts that both Page 11s were submitted for the same incident, and given at two different times by two separate individuals, one being the company commander and the other by the battalion commander.  He also asserts the he was not verbally counseled prior to signing either statement.   
 
 e.  Pursuant to reference (b), counseling entries shall be limited to matters forming an essential and permanent record of a matter of a Marine’s military history which is not recorded elsewhere, and which will be useful to future commanders.   
 
 f.  Reference (c) cites 6105 counseling entry requirements.  Specifically, the entry must provide written notification concerning deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  Marines will be afforded the opportunity to rebut the counseling, and the counseling will be signed by the commanding officer, and acknowledged (signed) by the individual being counseled.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting partial relief.   
 
The Board was not convinced that Petitioner was not counseled regarding the entries, specifically because he signed both entries, acknowledging the contents of each, and chose not to submit a written rebuttal to either.  The Board thus determined that Petitioner was fully aware of the reasons the counselings were issued.   
 
The Board determined that the counseling entry at enclosure (2) creates a permanent record of a matter Petitioner’s commanding officer deemed significant enough to document, and Petitioner’s evidence did not prove otherwise.  The Board also determined that the entry met the 6105 counseling entry requirements detailed in (c).  The Board concluded that this Page 11 entry is valid and that it shall remain in Petitioner’s OMPF. 
 
The Board noted that the entry at enclosure (3) is a near duplicate entry for the same offense on the same date, but was issued by a different individual, not his commanding officer as required by references (b) and (c).  The Board thus determined that this Page 11 entry shall be removed from Petitioner’s OMPF.   
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by removing enclosure (3), his Page 11 6105 counseling entry signed by his company commander, but identified as “CO” on the entry. 

No further relief granted. 
 
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.