Docket No: 
Ref: Signature Date 

Dear 

This letter is in reference to your application for correction of your naval record pursuant to Title 
10, United States Code, Section 1552. After careful and conscientious consideration of the entire 
record, the Board for Correction of Naval Records (Board) found that the evidence submitted 
was 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 
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, as well as applicable statutes, regulations, 
and policies. 

The Board carefully considered your desire to remove your Administrative 
Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF). 
The Board considered your contention that the counseling was issued after all charges that you 
violated the Uniform Code of Military Justice (UCMJ) were referred to a special court-martial. 
You assert that all charges were then dropped due to insufficient evidence. However, those 
factors were still captured in the 6105 due to an administrative oversight, and you were not 
charged with any additional violations of the UCMJ. Your service record indicates that the 
command investigation, your 6105 rebuttal statement admissions, and the DNA test you took in 
order to confirm paternity and enroll your son as a dependent, confirm the substance of the 6105 
counseling. 

The Board noted that the counseling was issued due to your admitted violation of UCMJ, Article 
134 (adultery). The Board determined that the counseling entry met the 6105 counseling 
requirements detailed in MCO P1900.16 (MARCORSEPMAN). Specifically, the Board 
determined that the counseling entry provided written notification concerning deficiencies; 
specific recommendations for corrective action indicating any assistance available; 
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 acknowledged the counseling and submitted your written rebuttal. Despite your explanation 
provided in your rebuttal and application, the Board concluded that the counseling was not 
issued in error, and because your commanding officer acted within his discretionary authority to 
issue the counseling, the Board did not find that it is unjust, and it shall remain in your OMPF. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon the 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.