Docket No. 6801-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) MCO P1070.12K W/CH 1 
 
Encl:  (1) DD Form 149 w/enclosures 
      (2) Administrative Remarks (Page 11) counseling entry of 17 Apr 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 his naval record be corrected by removing an Administrative Remarks (Page 11) counseling entry, as well as duplicate copies that are in his official military personnel file (OMPF). 
 
2.  The Board, consisting of    , 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 entry counseling him for violation of Article 86, Uniform Code of Military Justice for failing to be at his appointed place of duty when he missed a scheduled appointment.  Petitioner acknowledged entry and chose not to submit rebuttal.   
 
 c.  Petitioner asserts that, until receiving this counseling entry, he has never received a negative counseling during his eight years in the Marine Corps.  He contends that, when he received the counseling, he was a recovering service member assigned to the Wounded Warrior Battalion (WWBn) resulting from a traumatic brain injury, Post Traumatic Stress Disorder, and a lower back injury.  Petitioner contends that the counseling is unreasonable and unjust because he had notified his command why he had missed two appointments, and provided corroborating evidence. 

CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  In this regard, the Board found Petitioner’s explanation for his missed appointments, supported by his evidence, compelling.  The Board also noted that he had no history of disciplinary problems during his Marine Corps career and determined that there was a nexus between the medical issues he was experiencing at that time and his inability to attend three scheduled appointments.  The Board thus concluded that the contested Page 11 counseling entry shall be removed from his OMPF.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by removing enclosure (2), his 17 April 2019 Page 11 counseling entry. 
 
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.