Docket No: 1255-20 
Ref: Signature Date 

 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 9 March 2021.  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.   
 
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 issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  The Board carefully considered your request to remove your 15 December 2005, Administrative Remarks (page 11) counseling entry.  The Board considered your contention that according to the Marine Corps Performance Evaluation System Manual, your page 11 should have been annotated with a directed comment, rendering your fitness report adverse.  You claim that the score annotated on your fitness report for the reporting period 1 April 2005 to 31 March 2006 was a passing score.  As evidence, you furnished the aforementioned fitness report.     
 
The Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual you were issued a 6105 entry and according to the Marine Corps Physical Fitness Program Manual you were properly counseled concerning your assignment to the remedial physical condition program for failing your semi-annual physical fitness test (PFT).  The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entry was written and issued according to the IRAM.  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, the consequences for failure to take corrective action and it afforded you the opportunity to submit a rebuttal.  Moreover, your CO signed the entry.  The Board opined that your passing score indicated on your fitness report implies that you passed a PFT before the end of the reporting period.  The Board determined that your passing score does not invalidate your page 11 entry and according to the PES Manual, “Receipt of a 6105 counseling does not automatically constitute derogatory material”.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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,