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 22 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 the 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 also considered the 3 December 2020 advisory opinion (AO) furnished by the Marine Corps Military Personnel Law Branch (JPL), and your rebuttal. 
 
The Board carefully considered your request to remove your remove your 11 June 2019 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contention that the counseling contradicts the findings of a command investigation, which purportedly states that you did not violate the Prohibited Activities and Conduct (PAC) Order.  You also argue that you never received an adverse fitness report. 
 
The Board, however, substantially concurred with the AO.  The Board noted that the Investigating Officer recommended that you receive a formal counseling, and that your Commanding Officer was within his discretionary authority to do so.  Additionally, the Board noted that the 6105 counseling does not address the Marine Corps PAC Order, but rather addresses your violation of Article 115, Uniform Code of Military Justice, which you admit to violating in your rebuttal statement. 
 
Moreover, the Board determined that the entry creates a permanent record of a matter your Commanding Officer 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 your rebuttal is filed with the counseling in your official military personnel file.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF.   
 
The Board also concurred with the AO that your command’s failure to give you an adverse fitness report does not provide substantial evidence warranting the removal of your formal counseling from his 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, 
4/28/2021
Executive Director