Docket No: 11136-18 
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 19 November 2019.  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 June 2018 Administrative Remarks (Page 11/6105) counseling entry from your official military personnel file (OMPF) and to replace it with a non-6105 Page 11 entry.  The Board considered your contentions that you received an adverse fitness report for the period from 10 may 2018 to 4 June 2018 for failing an annual physical fitness test (PFT) and for the contested 6105 counseling entry.  You also contend that the fitness report’s Third Officer Sighter (3OS) noted that the 6105 was issued error, and that the TOS directed your reporting senior (RS) to remove the derogatory material and directed comment from your fitness report.   
 
The Board noted that, pursuant to paragraph 6105 of MCO 1900.16 (Marine Corps Separation and Retirement Manual), you were issued a 6105 Page 11 entry on 4 June 2018 for failing to pass the annual PFT on 30 May 2018.  The Board also noted that you were relieved of your duties as platoon commander.  In accordance with MCO 6100.13 (Marine Corps Physical Fitness Order), a 6105 Page 11 entry is not required until the second PFT failure.  However, the Board noted that you were counseled not only for failing the PFT, but also for your relief as platoon 
commander, and MCO 6100.13 does not prohibit a commanding officer (CO) from issuing a 6105 Page 11 entry for the first PFT failure.  The Board found no evidence that the 3OS determined that the 6105 was issued erroneously or that your RS was directed to remove the derogatory material and directed comment.  In fact, the 3OS certified that there were no factual differences to be adjudicated, concurring with the adverse nature of the report.  The Board determined that the entry was written and issued in accordance with MCO 1070.12K (Marine Corps Individual Records Administration Manual).  Specifically, the entry provided written notification concerning your deficiencies, a recommendation for corrective action, and a comprehensive explanation of the consequences for failure to successfully take the recommended corrective action, and afforded you the opportunity to submit a rebuttal, and your CO signed the entry.  Moreover, the entry creates a permanent record of a matter your CO deemed significant enough to document, and your CO was well within his authority to issue the counseling entry.  The Board thus concluded that the contested 6105 counseling entry does not constitute probable material error or injustice warranting corrective action.    
 
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 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.