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

Docket No: 1663-19 
Ref: Signature Date 

Dear
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 3 March 2020.  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 your naval record, and applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove the 28 July 2017 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contentions that a lance corporal falsely alleged that you made unwanted physical contact with her, resulting in a Naval Criminal Investigative Services (NCIS) investigation, and that, although the investigation did not establish sufficient evidence to support charges, you received a 6105 Page 11 entry counseling you for an unduly familiar relationship with a subordinate Marine. You also contend that the Page 11 entry was not warranted because you exchanged text messages with multiple subordinate Marines as you coordinated various activities necessary to developing subordinates and maintaining good order and discipline. 

The Board noted that your commanding officer (CO) issued the 6105 Page 11 entry counseling you for your violation of the Uniform Code of Military Justice, Article 92, for failure to obey U.S. Navy Regulation 1165 by engaging in an unduly familiar relationship with a subordinate Marine.  You acknowledged (signed) the entry and chose not to submit rebuttal.  

The Board noted that your CO’s determination was based upon a preponderance of the evidence, which showed that you fraternized with a junior Marine, and that your CO was within his discretionary authority to issue the Page 11 entry.  The Board determined that the entry creates a permanent record of a matter your CO deemed significant enough to document, and your evidence did not show otherwise.  The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were afforded the opportunity to rebut the counseling, and you chose not to.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF.  

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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,