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

Docket No: 9345-18 
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 17 December 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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your 27 April 2016 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contention that you were issued the Page 11 two months after the incident with the U.S. Border Patrol, and without your commanding officer (CO) knowing the facts.  You also contend that your rebuttal statement was never submitted to your official military personnel file (OMPF).  Additionally, the Board considered your assertion that you completed eight missions over a period of almost three years with the U.S. Border Patrol, without any other incidents.
 
The Board determined that your contentions are without merit.  The Board noted that you were counseled by your CO due to “lack of tact, bearing and respect while managing interpersonal relationships in the Joint environment which resulted in your removal, per the request of the Joint Task Force-North staff…”  You acknowledged (signed) the counseling, in which you were advised that you could submit a rebuttal within five working days after acknowledging the entry.  However, there is no evidence in your service record, and you presented none, that you submitted a rebuttal. 

The Board also noted that there is no evidence in the record, and you submitted none, that your CO was not fully aware of the facts surrounding your removal.  Moreover, the entry satisfied the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating available assistance, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from 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. 

Sincerely,