DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
           
Docket No: 8327-20 
Ref: Signature Date 
 
SSGT     USMC 

Dear Staff Sergeant   : 
 
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 17 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. 
 
The Board carefully considered your request to remove your 4 January 2016 Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contention that your page 11 entry is incomplete and was not supposed to be added to your record.  You also contend that your page 11 entry was issued and added to your record without your election to submit a statement and without your statement.  As evidence, you furnished a statement dated 6 January 2016. 
 
The Board, however, determined that your page 11 entry is valid.  In this regard, the Board noted that pursuant to the Marine Corps Separation and Retirement Manual, you were issued a page 11 entry counseling you for selling military property to an undercover agent of the Naval Criminal Investigative Service (NCIS).  The Board also noted that according to the Marine Corps Individual Records Administration Manual (IRAM) 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, the consequences for failure to take corrective action, and it afforded you the opportunity to submit a rebuttal.  Moreover, your commanding officer (CO) signed the entry and determined that your misconduct was a matter essential to record, as it was his/her right to do.  The Board determined that your failure to make an election does not invalidate your page 11 entry.  The Board found no evidence that your chain of command unintentionally submitted your page 11 entry for inclusion in your record or that you submitted a rebuttal when your page 11 entry was issued, and you provided none.  The Board also determined that your CO’s reliance upon the NCIS investigation substantiating your misconduct was sufficient to conclude that your page 11 entry was warranted.  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, 

8/17/2021
Executive Director