Docket No: 1872-20
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 16 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.  
 
The Board carefully considered your request to remove a 2 October 2019 Administrative Remarks (Page 11) 6105 counseling entry you received for leaving your post as the assistant Security Force Watch Commander without being properly relieved or informing the Sergeant of the Guard.  The Board considered your contention that the page 11 is invalid because it was signed by your company commander, who was a captain at the time of signing; instead of a commanding officer with court martial convening authority.   

The Board noted that you submitted a response to your Page 11, listing your disagreements with the counseling, and you submitted an addendum with regards to your adverse fitness report that documented the page 11.  The Board further noted that Marine Corps Order P1070.12K states that for a 6105 entry a commanding officer or unit commander must physically sign the adverse page 11 and that a unit commander is “defined as the company, battery, or squadron commander or their functional equivalent; i.e., OIC, I-I etc.”  Consequently, the Board determined that the 2 October 2019 6105 counseling is valid and concluded that the counseling shall remain in your record. 
 
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,