DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 7767-18 
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 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 3 September 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 5 September 2017 Administrative Remarks (Page 11) 6105 counseling entry and your 7 September 2017 rebuttal. The Board considered your contentions that you were accused of making an inappropriate comment to another student at Force Fitness Course, and that you were not corrected at the time the comment was made. You assert that your alleged inappropriate comment led to an investigation, but, because the evidence was found to be inconclusive, you were verbally counseled by your sergeant major. You argue that, although you successfully graduated from the course, when you returned to your unit, you received a 6105 Page 11 counseling entry from your first sergeant, who did not know any details of the investigation.

The Board noted that you were counseled and issued the entry for being the subject of a preliminary inquiry regarding inappropriate comments and unprofessional behavior while attending the Force Fitness Course, and for immaturity by denying responsibility. The Board determined that the entry creates a permanent record of a matter your commanding officer deemed significant enough to document, and your evidence did not prove otherwise. The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN). Specifically, the Board noted that the entry provided written notification concerning deficiencies/impairments, specific recommendations for correction 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 were also afforded the opportunity to rebut the counseling, and that rebuttal is included in your record. The Board thus concluded that the contested 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.

Sincerely,