Docket No: 7625-19  
Ref: Signature Date  
From:Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Ref: (a) 10 U.S.C. § 1552 

Encl:(1) DD Form 149 w/attachments 
     (2) NAVMC 118(11) 6105 counseling entry of 3 Oct 17 
     (3) ltr undated 
     (4) Fitness report for the reporting period 9 Sep 17 to 6 Oct 17 

1.  Pursuant to 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 to remove from his official military personnel file (OMPF), an Administrative Remarks (Page 11) 6105 counseling entry, and fitness report for the reporting period 9 September 2017 to 6 October 2017. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 14 April 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 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 entry counseling him for being relieved of his duties because the commanding officer (CO) lost trust and confidence in his leadership, and for failing to properly supervise and guide the Marines in the supply section.  Petitioner contends that the deficiencies identified during the command Field Supply and Maintenance Analysis Office (FSMAO) inspection, were the same deficiencies that he identified upon his arrival to the command.  Petitioner also contends that no action was taken by the command to correct the deficiencies, and he was held accountable for the previous supply chief’s failures.  As evidence, Petitioner submitted an advocacy letter from his former CO which states: Information received after the fitness report was written justified removal of the fitness report and any adverse material related to the report.  Petitioner was not at fault for the incident that resulted in the adverse fitness report, the counseling entry, and removal from his primary billet.  The incident was the result of the officer in charge.  Petitioner was in the wrong place at the wrong time.  Further, as the Third Officer Sighter, I failed to properly adjudicate the report or resolve any perceived injustice before submitting it to Headquarters Marine Corps.  I recognized the error and wanted to make this right for him. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board noted the letter from Petitioner’s CO advocating for the removal of Petitioner’s counseling entry and adverse fitness report.  The Board determined that Petitioner’s counseling entry was unjust and should be removed.  Accordingly, the Board noted that the adverse nature of Petitioner’s contested fitness report was based on his counseling entry and should also be removed.  The Board thus concluded that the counseling entry and fitness report shall be removed. 
RECOMMENDATION 

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

That Petitioner’s naval record be corrected by removing his 3 October 2017 Page 11 counseling entry. 

That Petitioner’s naval record be corrected by removing his fitness report for the reporting period 9 September 2017 to 6 October 2017. 

Any material or entries inconsistent with or relating to theBoard’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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.