Docket No: 8093-19 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) NAVMC 118(11) Administrative Remarks of 30 May 18 (3) rebuttal statement undated (4) ltr 1610 ANM of 6 Mar 19 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 his record be corrected by removing his 30 May 2018 Administrative Remarks (page 11) 6105 entry and rebuttal statement from his official military personnel file (OMPF). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 20 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 30 May 2018 Petitioner was issued enclosure (2), a 6105 entry counseling him for failing to exercise sound judgment by organizing and executing an unauthorized Marine Corps Martial Arts Program (MCMAP) course, and for not adhering to the squadron’s training policies and direction given by the chain of command. b. Petitioner contends that he conducted the MCMAP course in compliance with the MCMAP regulation and the squadron did not have an established policy or directive for the conduct of the MCMAP. In his rebuttal statement, Petitioner acknowledged that the squadron Sergeant Major (SgtMaj) informed him not to conduct certification training above grey belt until all members of the squadron were grey belt certified. Petitioner argues that he discussed the SgtMaj’s statement with his immediate chain of command, and his Officer-in-Charge (OIC) directed him to conduct the MCMAP course. Further, Petitioner claims that the course was conducted under the guidance and approval of his chain of command. As evidence, Petitioner provided enclosure (4), correspondence from his OIC noting that she directed Petitioner to conduct the MCMAP course and recommended removal of Petitioner’s counseling entry. 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 Petitioner’s statement and correspondence from his chain of command and determined that the statements from his chain of command constitute sufficient evidence that Petitioner was permitted to conduct the MCMAP course and acted according to direction by his immediate chain of command. The Board also determined that the counseling entry was unwarranted and thus concluded that Petitioner’s 30 May 2018 page 11 entry and rebuttal statement shall be removed. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing his 30 May 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. 11/22/2020 Deputy Director