DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 8835-20 
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 23 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 your 1 May 2020 Administrative Remarks (Page 11) 6105 counseling entry regarding your violation of Article 134 of the Uniformed Code of Military Justice. You contend that because your Page 11 counseling entry was not signed by the battalion commander, who meets the requirements of the Marine Corps Separations Manual, section 6105, paragraph three, the entry should be removed from your record. 

The Board, however, noted that per the Individual Records Administration Manual (MCO P1070.12K), a 6105 counseling entry requires authentication by the commanding officer (unit commander), and that “unit commander” is defined as “the company, battery, or squadron commander . . .” The Board thus concluded there is insufficient evidence of an error or injustice warranting the removal of the Page 11 6105 counseling entry dated 1 May 2020. 

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, 
10/12/2021 

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