Docket No: 8884-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  
   
 Ref:  (a) 10 U.S.C. § 1552 
   
Encl: (1) DD Form 149 w/attachments  
   (2) NAVMC 118(11) 6105 counseling entry of 27 Jun 19 
 (3)  rebuttal undated 
 (4) Witness statement of 29 Apr 19 w/text messages 
  
1.  Pursuant to the provisions of 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 that his record be corrected by removing the 27 June 2019 Administrative Remarks (Page 11) 6105 counseling entry and his rebuttal statement from his official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 19 May 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.  Petitioner was issued enclosure (2), a 6105 Page 11 entry counseling him on the relief of his duties due to an investigation into his alleged violation of Marine Corps Order (MCO) 5354.1E, the Marine Corps Prohibited Activities and Conduct Prevention and Response Policy, the entry also notified Petitioner of his command’s loss of trust and confidence, and that Petitioner was returned to CONUS prior to the completion of the deployment.  Petitioner contends that the counseling was issued solely because he was the subject of an investigation.  Petitioner also contends that he did not receive an adverse fitness report and was not found guilty at non-judicial punishment (NJP) or court-martial.  In his rebuttal, enclosure (3), Petitioner argues that the details of the investigation were exaggerated, misconstrued, and misrepresented.  As evidence, Petitioner provided enclosure (4), a witness statement and text messages from the alleged victim.  The victim indicating a desire to help the Petitioner and noting that his statements in the command investigation were exaggerated and misconstrued.   
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board determined that Petitioner’s contentions have merit.  In this regard, the Board noted that the Page 11 entry failed to identify the specific nature of Petitioner’s misconduct and only noted that the entry was due to an investigation.  The Board reviewed Petitioner’s record and found no evidence of documented or substantiated misconduct by the Petitioner.  The Board found the witness statement and text message from the alleged victim credible and consistent with Petitioner’s contentions.  The Board thus concluded that the Page 11 entry is unjust and 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 27 June 2019 Page 11 6105 counseling entry and undated 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. 
 
 6/20/2020