Docket No. 6570-19 
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 P1070.12K W/CH 1 (IRAM) 

Encl:(1) DD Form 149 w/enclosures 
     (2) Administrative Remarks (Page 11) 6105 counseling entry of 25 Apr 19 
     (3) Petitioner’s rebuttal of 30 Apr 19 
     (4) Administrative Remarks (Page 11) counseling entry of 21 Aug 19   
     (5) HQMC memo 1070 JPL of 19 Jul 19 

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 her record be corrected by removing an Administrative Remarks (Page 11) 6105 counseling entry, and a Page 11 promotion-restriction entry. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 March 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, as well as 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.  On 25 April 2019, Petitioner was issued enclosure (2), a Page 11 entry counseling her for falsely alleging to have committed adultery, specifically naming three Marines, with the intent to deceive.  Petitioner acknowledged (signed) the entry and submitted enclosure (3), a written rebuttal.  She denied making false comments and denied that she committed adultery, and she offered proof that the messages that were used as evidence against her were fabricated. 

c.  Petitioner requested a Page 11 promotion-restriction entry (restricting her promotion to sergeant for the month of June) be removed from her official military personnel file (OMPF).  Although no such Page 11 was found in her OMPF, there was a 21 August 2019 Page 11 entry, enclosure (3), that states Petitioner was “eligible and recommended for promotion to the rank of sergeant” presumably after being in a promotion-restriction status after the issuance of her 25 April 2019 Page 11 entry.  The entry was annotated “SNM not available for signature.” 

d.  An advisory opinion (AO) at enclosure (3), furnished by Headquarters, Marine Corps (JPL) recommended that Petitioner’s request be approved, noting that Petitioner has met her burden to demonstrate that probable material error exists with regard to her 25 April 2019 Page 11 entry in her OMPF, and that entry should be removed to avoid injustice.  The AO noted that Petitioner’s commanding officer (CO) provides, “I have reviewed this preliminary inquiry in its entirety... [Petitioner] will be issued a 6105 for making false allegations of adultery involving three other Marines and in result putting their Marine Corps careers in jeopardy.”  Additionally, her Page 11 entry states that she “nam[ed] three Marines, with the intent to deceive.”  However, during the course of the preliminary inquiry, text messages concerned two Marines only.  The AO opined that this oversite evidences a lack of thoroughness in reviewing the investigation and concern for ensuring a just outcome for Petitioner. Further, it appears to violate the foundational premise of a Page 11 entry, pursuant to reference (b), by recording a minor infraction without taking the due care expected of a commander in properly discharging his or her official duties. The AO determined that, of greater concern is that it appears that Petitioner took immediate and proactive measures to attempt to remediate the preliminary inquiry (i.e., the basis for the page 11 entry) whereas there is no evidence to suggest the command conducted any further investigation to ensure a just outcome for her. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board noted that Petitioner has met her burden to demonstrate that probable material error exists with regard to her 25 April 2019 Page 11 entry in her OMPF.  The Board concurred with the AO that Petitioner’s CO, after a purported thorough review of the preliminary inquiry, claimed that she “nam[ed] three Marines, with the intent to deceive,” and that this oversite evidences a lack of thoroughness in reviewing the investigation and concern for ensuring a just outcome for Petitioner. 

The Board also concurred with the AO that Petitioner took immediate and proactive measures to attempt to remediate the preliminary inquiry, whereas there is no evidence to suggest the command conducted any further investigation to ensure a just outcome for her.  The Board thus determined that it is unjust for Petitioner’s 25 April 2019 Page 11 to remain in her OMPF, and it shall be removed. With regard to Petitioner’s request to remove a Page 11 entry restricting her June 2019 promotion, the Board noted that, although she may have been in a promotion-restriction status, a Page 11 was not entered into her OMPF, and only a 21 August 2019 Page 11 entry removing her promotion-restriction status was entered into her OMPF.  The Board concluded that her 21 August 2019 shall be removed from her OMPF, and her record shall be audited to determine if she would have been promoted to sergeant as early as June 2019, if not for her promotion-restriction status. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

That Petitioner’s record be corrected by removing enclosure (2), her 25 April 2019 Page 11 6105 counseling entry. 

That Petitioner’s record be corrected by removing enclosure (3), her 21 August 2019 Page 11 counseling entry. 

That Petitioner’s record be audited to determine if she would have been promoted in June 2019, if not for a promotion restriction period due to the issuance of her 25 April 2019 Page 11 counseling entry. 

That 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 or database entries that reference or discuss the expunged material. 

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. 



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