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

Docket No. 6334-20
       
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.    
 
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 15 July 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 25 August 2017 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contention that the Page 11 was issued for an incident that you had no knowledge of, and that it should be removed due to procedural errors.  You also request removal of the Page 11 because of your lack of knowledge and experience as a junior service member at the time it was issued and because you are unfairly judged as a result of the entry.  You assert that an investigation proved there was never a range check or gear dump after you completed training, and that you would not have committed the misconduct you were counseled for.   
 
The Board determined that the issuing officer was within his discretionary authority to issue the counseling entry.  Additionally the Board determined that the entry is administratively and procedurally correct as written and filed in your official military personnel file (OMPF), in accordance with MCO 1900.16 (MARCORSEPMAN) and MCO P1070.12K (IRAM).  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 chose not to.  Moreover, you failed to show that your Commanding Officer lacked the required factual understanding to issue the Page 11.  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, 
7/27/2021
Executive Director