Docket No. 5075-20 
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.    
 
Although your applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your cases on their merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 17 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 12 January 2012 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contention that you are not an abusive person, but acted in self-defense of your spouse’s abuse.  You assert that you have suffered adverse effects in employment and lost a college admissions because of the Page 11, and that you have been stigmatized as a result of the entry in your military record. 
 
The Board noted that MCO P1070.12K provides commanding officers with wide discretion regarding the subject-matter of a counseling on matters forming an essential and permanent part of a Marine’s military history, which are not recorded elsewhere in the official record and which will be useful to future commanders. 
 
The Board determined that the issuing officer was within his discretionary authority to issue the counseling entry, and 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 was filed in your official military personnel file (OMPF) in accordance with MCO P1070.12K.  The Board thus concluded that the Page 11 entry does 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, 
6/29/21
Executive Director