Docket No. 3247-20
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 April 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 your 27 March 2018 and 19 July 2018 Administrative Remarks (Page 11) 6105 counseling entries.  The Board considered your contention that contributing medical conditions were not considered by your command at the time of the counseling and the medical documents you provided as supporting documentation.  The Board noted the 27 March 2018 Page 11 counseling entry occurred before you sought medical treatment at the base medical clinic and noted there was insufficient evidence to support your contention the command did not consider your medical condition.  Further, although the second counseling on 19 July 2018 occurred after your medical appointments and two periods of light duty, the Board, noting you were not continued on light duty, concluded you were fit to return to duty and determined there is insufficient evidence to support your contention the command unjustly ignored your medical condition.  Lastly, the Board considered your contention the Page 11 entries were in error because “the policies and procedures” in Marine Corps Order 6100.13 do not define any criteria on which the adverse nature of the entries are predicated.  Based on the available evidence, the Board determined there was insufficient evidence of an error or injustice to warrant granting your requested relief.    
 
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,