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 
  
Encl:   (1) DD Form 149 w/enclosures 
 (2) Administrative Remarks (Page 11) counseling entry of 24 Apr 19 
 (3) Notification of Separation Proceedings (No Board Case) of 1 May 19 
 (4)  ltr 1000 S1 of 13 Sep19 
 (5) Administrative Remarks (Page 11) counseling entry of 1 May 19 
 (6) Fitness Report of 1 Apr 19 to 13 May19 
  
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.  The Board panel, consisting of , reviewed Petitioner’s allegations of error and injustice on 24 November 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 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 24 April 2019 Page 11 counseling entry is invalid because it alleges the Petitioner admitted to  Criminal Investigation Division (CID) that he committed theft of approximately fifty 7.62 long range special ball rounds.  Petitioner argues that the Page 11 and subsequent Notification of Separation Proceedings (No Board Case), enclosure (3), were an effort by his sergeant major to force him out of the Marine Corps.  Petitioner enclosed with his petition a letter from his administrative chief that states Petitioner is no longer the subject of an investigation and that the “results of the investigation were unfounded and no charges were administered under Article 15 of the Uniform Code of Military Justice or Court Martial,” enclosure (4).   

      c.  The contested Page 11 entry counseled the Petitioner for violations of Article 121 Larceny and Wrongful Appropriation and erroneously stated that Petitioner admitted to wrongfully appropriating ammunition from the Advanced Scout Sniper School range.  However, the CID investigation found no UCMJ violation and no charges were administered.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board found that enclosure (2), the 24 April 2019 Page 11, is invalid as it erroneously states that Petitioner admitted to violating Article 121: Larceny and Wrongful Appropriation.  The Board also noted in Petitioner’s record there is an Administrative Remarks (Page 11) entry of 1 May 2019, enclosure (5), notifying Petitioner of Administrative Separation proceedings and an adverse fitness report, enclosure (6) for the reporting period 1 April 2019 to 13 May 2019 based on Petitioner receiving enclosure (2).  The Board found that enclosure (5) and enclosure (6) are invalid because Petitioner did not undergo administrative separation proceedings and the Page 11 entry is null and void. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 24 April 2019 Page 11 entry, his 1 May 2019 Page 11 entry, and adverse fitness report for reporting period 1 April 2019 to 13 May 2019. 
 
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.