Docket No 5489-20
 

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 application on 8 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 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 an Administrative Remarks page 11 (6105 entry) you received on 22 November 2017 for violating Article 86 unauthorized absence (UA) of the Uniform Code of Military Justice (UCMJ) for falsely reporting your whereabouts to the Company First Sergeant on 2 June 2017, which led to incorrect reporting, and failing to report to your appointed place of duty on 10 November 2017, the Infantry Training Battalion-West Marine Corps Ball.  You argue that the page 11 is erroneous and unjust because your commanding officer (CO) did not make attendance mandatory and you did not attend the Ball in order to avoid a conflict with your .    
 
The Board noted that MCO 1900.16 (MARCORSEPMAN) provides commanding officers wide discretion regarding the subject matter of a counseling.  Your CO provided sufficient evidence to warrant the counseling; noting that you were UA on 2 June 2017, that prior to the Ball you were briefed by the Company A First Sergeant that you were obligated to attend, and that you were provided with the tickets, location, date, and time of the event.  The Board determined that your CO properly utilized the page 11 entry to inform you of identified deficiencies, provided specific recommendations for corrective action indicating available assistance, and detailed a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action.  Additionally, the Board noted that in your rebuttal statement of 30 November 2017, you took full responsibility for your actions by stating “As a Gunnery Sergeant of Marines it is my duty to ensure I understand, interpret, and relay all orders from the Commanding Officer without any misinterpretation.  As a SNCO I am expected to set the example for others to emulate at all times and I failed to so.  My actions were unacceptable and in keeping with the highest standards set forth for all SNCOs.  I fully accept my negative 6105 counseling (Page 11) entry.”  In this regard, the Board determined that the 6105 counseling is administratively correct and shall remain in your official military personnel file as written. 
 
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, 

 6/26/2021
 Deputy Director