DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1499-18 
Ref: Signature Date 


Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 15 January 2019. The names and votes of the members of the 
panel will be furnished upon request. Your allegations of error and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of the naval record, and 
applicable statutes, regulations and policies. 

The Board carefully considered your request to remove from your official military personnel file 
an Administrative Remarks (Page 11) 6105 counseling entry you received on 24 August 2015. 
The Board considered your contention that, in accordance with the MCO 1900.16 and SECNAV 
M-5216.5, Chapter 2, page 2-4, a Page 11 6105 entry must be signed only by a commanding 
officer (CO) or unit commander, but your contested Page 11 6105 entry was signed by the 
Marine Special Operations School's Executive Officer (XO). The Board, however, noted that an 
XO is a CO’s next-in-command, and that a unit’s XO is authorized to act on behalf of the CO 
when the CO is not available. The Board relies on a presumption of regularity to support the 
official actions of public officers and, in the absence of substantial evidence to the contrary, will 
presume that they have properly discharged their official duties. The Board determined that, 
although the XO did not note that he signed the entry in an acting capacity, such error is 
harmless, and that you did not present sufficient evidence to overcome the presumption that your 
XO was properly acting in the absence of your CO. Therefore, the Board concluded that the 
contested 6105 entry was administratively and procedurally correct as written and filed, and that 
you did not present sufficient evidence of probable material error or injustice to warrant its 
removal from your records. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption of regularity attaches to all 
official records. Consequently, when applying for a correction of an official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely,