Docket No 6089-20 

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.    
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 22 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 20 May 2020 for being relieved for cause due to sending inappropriate social media, pictures, and text messages to subordinate female Marines.  You argue that the page 11 is invalid because you were issued the page 11 entry on 30 May 2020 after you had already checked in to your new command on 22 May 2020.  You included with your petition a copy of your permanent change of assignment orders. 
 
The Board noted that you received an adverse fitness report on 22 May 2020 due to being relieved for cause and receiving a page 11.  The commanding officer (CO), in response to your rebuttal to the fitness report, stated “the 6105, pg 11 entry was made to the MRO’s OMPF on 22 May, prior to his transfer on 23 May…The MRO personally, and erroneously, hand wrote 30 May on the actual 6105 even though it was actually signed on 20 May.”  The Board also noted that the command investigation uncovered 52 pages of evidence, including pictures, of the inappropriate communications that the CO reviewed prior to issuing the 6105 and the adverse fitness report.  Moreover, the CO noted that you admitted to inappropriate conduct to the Sergeant Major after being confronted with the evidence and that the Equal Opportunity Advisor and the Office of the Staff Judge Advocate at the Major Subordinate Command level both determined that the accusations against you rose to the level of sexual harassment.  Consequently, the Board determined that the 20 May 2020 page 11 6105 counseling entry is valid and concluded that the counseling shall remain in your 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, 
 
									7/2/2021
 									Executive Director