Docket No: 7784-19 
Ref: Signature Date 
 
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 
   
Encl: (1) DD Form 149 w/attachments  
   (2) Article 31 Rights of 28 Aug 18 
 (3) NAVMC 118(11) Administrative Remarks of 28 Sep 18 
 (4)  ltr 5830 IO of 11 Sep 18 
 (5) CO,  ltr 5830 LEG of 14 Sep 18 
 
1.  Pursuant to the provisions of the reference, Petitioner, an enlisted service 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 her 28 September 2018 Administrative Remarks (page 11) 6105, rebuttal statement, and Article 31 Rights from her official military personnel file (OMPF). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 6 October 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 that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 28 August 2018, Petitioner acknowledged enclosure (2), her Article 31 Rights.   
 
     b.  On 28 September 2018, Petitioner was issued enclosure (3), a 6105 entry counseling her for an unduly familiar relationship with a junior Marine. 
 
     c.  Petitioner contends that there was no evidence or concrete proof to validate that a violation of the Uniform Code of Military Justice (UCMJ) occurred.  
 
     d.  On 11 September 2018, enclosure (4), the investigating officer (IO), recommended that Petitioner receive additional training on the fraternization policy and a formal counseling for engaging in an unduly familiar relationship with a junior Marine. 
 
     e.  On 14 September 2018, enclosure (5), Petitioner’s commanding officer (CO), endorsed the command investigation and noted that the evidence does not support the allegations of adultery or fraternization; however, there are indication of an unduly familiar relationship.    
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board noted the command investigation and noted that the evidence was insufficient to conclude that an unduly familiar relationship existed between the Petitioner, a corporal and a private first class.  The Board also noted the CO’s determination that the evidence was insufficient to support the allegations of adultery or fraternization.  The Board determined that the 6105 counseling entry was both unwarranted and disproportionate based on the findings of the investigation.  The Board thus concluded that Petitioner’s 28 September 2018 page 11 entry, rebuttal statement, and Article 31 document shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing her 28 August 2018, Article 31 Rights document from her record. 
 
Petitioner’s naval record be corrected by removing her 28 September 2018, Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement. 
 
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/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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.