DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
   
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 application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 7 September 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 counseling entry you received on 7 July 2015 for engaging in an inappropriate relationship and false official statement.  You argue that the 6105 is invalid because you submitted a rebuttal to the 6105 counseling entry, which was not included in your official military personnel file (OMPF).   
 
The Board noted that the 6105 entry states that a command investigation, completed on 29 June 2015, determined that you, a married Marine, maintained an inappropriate relationship with another married Marine.  In addition, the Board noted that you did not include the rebuttal statement you state you submitted to your command with your petition.  The Board determined that the contested entry was written and issued in accordance with MCO 1070.12K; specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action.  The Board found that you presented insufficient evidence of material error or injustice as there is no evidence that you submitted a rebuttal to your command within 5 days after acknowledging the entry.  Consequently, the Board determined that the 7 July 2015 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, 

9/23/2021
Executive Director