DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No. 4653-20 

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 applications on 3 June 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 applications, 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 23 January 2018 and 10 May 2018 Administrative Remarks (Page 11) counseling entries.  The Board considered your contention that the 23 January 2018 Page 11 should not have been issued because the officer who directed the command investigation did not have the authority to do so. You also contend that the 10 May 2018 Page 11 entry is in error because you were on official leave and should not have been counseled for failure to complete your collateral billet responsibilities.  
With regard to your contention that the officer who directed the command investigation did not have the authority to do so, the Board determined that this contention is without merit.  The Board noted that acting commanders who have properly succeeded to command may sign convening authority actions, providing they do not use the word “acting” with their signature.  Moreover, Article 32 of the Uniform Code of Military Justice refers to the pre-trial investigation and hearing conducted before charges are referred to trial for court-martial. 

The Board also determined that your contention that you should not have been counseled for failure to complete your collateral billet responsibilities is without merit.  The Board determined that it was your responsibility to ensure a proper replacement or point of contact was in place in your absence.    

The Board also determined that the issuing officers were within their discretionary authority to issue the counseling entries, and that each entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN). Specifically, the Board noted that each 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 counselings.  You chose not to submit a rebuttal to the 23 January 2018 counseling, and your rebuttal for the 10 May 2018 counseling was filed in your official military personnel file (OMPF) in accordance with MCO P1070.12K.  The Board thus concluded that the Page 11 entries do not constitute probable material error or injustice warranting removal from your OMPF. 

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, 
6/21/2021 

Executive Director