DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490  
            
Docket No: 7713-20 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 10 August 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 as well as the 24 December 2020 advisory opinion (AO) provided by the Marine Corps Secretariat Branch.  The AO was provided to you on 5 January 2021, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board carefully considered your request to remove your 30 August 2017 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement.  The Board considered your contentions that according to the Marine Corps Separations Manual (MARCORSEPMAN) your commanding officer (CO) must sign 6105 entries, the date of the entry should be the date the Marine was counseled by the CO, and the page 11 is to be submitted within 30 days to Headquarters, Marine Corps (HQMC) (MMRP-20).  You claim that your page 11 entry was signed by a Chief Warrant Officer (CWO), you were counseled by a Master Sergeant, and your page 11 entry was not submitted to HQMC until October 2018.   
 
The Board, however, substantially concurred with the AO that your page 11 entry is valid.  In this regard, the Board noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were issued a page 11 entry counseling you for failing to disclose the correct leave address on your leave request.  The Board also noted you were properly counseled and determined that the contested entry was written and issued according to the IRAM.  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and it afforded you the opportunity to submit a rebuttal.  Moreover, your page 11 entry is not a 6105 counseling and the IRAM does not require counseling’s of this nature to be signed by the commanding officer (CO).  The Board further noted that you took full responsibility and expressed regret for your actions.  The Board also determined that late submission of your page 11 does not invalidate your entry.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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, 
8/29/2021
Executive Director