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 (c) MCO 1900.16 Encl: (1) DD Form 149 w/enclosures (2) Administrative Remarks (Page 11) 6105 counseling entry of 11 Mar 19 (3) Administrative Discharge Board Report of 23 May 19 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, 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) 6105 counseling entry. 2. Petitioner’s request was initially considered by a panel of the Board on 13 October 2020. However, prior to approval and publication of the panel’s recommendation to deny Petitioner’s request, additional potentially mitigating information that was not available to the Board panel was identified. The information was therefore furnished to the Board panel on 23 December 2020 for reconsideration. The Board panel, consisting of , 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 contends that enclosure (2), a 11 March 2019 Page 11 6105 counseling is invalid because at a 23 May 2019 Administrative Discharge Board (ADB) determined that the evidence did not prove the acts or omissions alleged in the notification, and he was therefore retained on active duty, enclosure (3). c. The contested Page 11 entry notified Petitioner that he was being processed for administrative separation. However, Petitioner was not administratively separated and was retained on active duty. Pursuant to references (b) and (c), a command should “not make entries on Page 11 which concern administrative discharge or competency review proceedings if they do not, upon final review, result in discharge or reduction.” CONCLUSION Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief. The Board found that the Page 11 entry is invalid as it concerns administrative discharge and the ADB did not find for misconduct or separation. RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s naval record be corrected by removing his 11 March 2019 Page 11 6105 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.