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 7 July 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, as well as applicable statutes, regulations, and policies. 
 
The Board carefully considered your request to remove a Page 11 6105 entry you received for asking a Staff Non-Commissioned Officer to lie on your behalf and disrespecting your Platoon Commander while being counseled.  You contend that the 6105 is invalid because it was given by your Platoon Commander and not the actual Commanding Officer and because the name on the 6105 is not your name. 
 
    The Board notes that the name listed on your reenlistment document of 17 March 2008 is the same name listed on the 6105.  The Board also notes that your Company Commander at the time you received the 6105 was Captain , which matches the signature on the 6105.  Pursuant to SECNAVINST 5420.193, an applicant has three years to petition the Board for correction of their naval record upon discovery of an alleged error or injustice.  The Board notes that your request is beyond the prescribed time period; you received the 6105 on 14 March 2011 and submitted a rebuttal on 16 March 2011. 
 
    The Board determined that your justification for not submitting the request in the prescribed period, that you were not educated on the process, lacks merit as you signed the 6105 and submitted a statement taking full responsibility for your actions.  The Board determined that the name on the 6105 is your name and that your company commander signed the 6105 in accordance with MCO P1070.12k.  The Board concluded that the 6105 is administratively correct and shall remain in your official military personnel file. 
 
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 the 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,