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 10 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, and applicable statutes, regulations, and policies.   
 
The Board carefully considered your request to remove your 26 April 2018 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF). The Board considered your contentions that you were not given an opportunity to correct the discrepancy noted in the counseling entry, and that the entry and the results of your administrative discharge board (ADB) do not mirror each other.  Specifically, you contend that the allegation of adultery was not mentioned in the notification of administrative separation.  You also contend that your commander made the Page 11 entry personal with its wording and used the entry to suspend/revoke your security clearance. 
 
The Board noted that, on 26 April 2018, pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a Page 11 entry counseling you for an adulterous relationship with a woman not your legal spouse, negligent discharge of a personal firearm, and providing your landlord with a false official document. The Board also noted that you elected to a submit a statement in rebuttal, in which you argued that the manufacturer of the firearm advised that a potential discharge may occur if the firearm was fit or dropped multiple times at certain angles.  You also admitted to submitting false orders to your landlord at a time when you and your wife were experiencing difficulties in your marriage.  Further, the Board noted that the counseling was issued as a result of a 31 January 2018 command investigation, and you were subsequently processed for administrative separation. The ADB convened on 25 August 2018 and determined that the preponderance of the evidence proved that you submitted a false official statement, but recommended that you be retained in the Marine Corps.   
 
Concerning your contention that you were not given an opportunity to correct your deficiencies, the Board noted that you received an adverse fitness report for the reporting period 21 November 2017 to 31 March 2018 for receiving derogatory material (the Page 11 entry).  In the fitness report, your reviewing officer (RO) noted that “Command leadership sought legal advice to help MRO leave his lease early” and recommended that you negotiate a lesser penalty fee from the apartment manager.  The Board determined that your RO’s comment demonstrates that your command in fact attempted to assist you with one issue addressed in the contested entry.  The Board also noted that, in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), a commanding officer (CO) is authorized to create a permanent record of matters that he deems significant to document.  
 
Concerning your contention that the contested entry and the results of your ADB allegations do not match, the Board noted that the entry predates your ADB, and your CO relied upon the results and findings of the command investigation when he issued you the Page 11 entry.  The Board also noted your RO’s fitness report comments, “From the investigation report, the command has statements from [your] girlfriend that she was pregnant with [your] baby, corroborating statements that she was living with [you], and admissions that they had a sexual relationship,” and your “weapon could possibly have a defect but this does not make up for [your] decision to handle a loaded weapon after admittedly drinking and arguing with [your] girlfriend.”  That the ADB found otherwise does not invalidate the contested entry  
 
Concerning your contention that your CO made the contested entry personal and used it to suspend/revoke your security clearance, the Board noted that your security clearance was suspended pending Department of Defense Consolidated Adjudication Facility determination for sexual behavior that is criminal or reflects a lack of judgement, conduct involving questionable judgement, or criminal activity.  The Board found no evidence that your CO counseled you for personal reasons or that he used the counseling entry to revoke your security clearance.  
 
The Board also determined that the counseling entry was written and issued in accordance with the IRAM.  Specifically, the entry provided written notification concerning your deficiencies, recommendations for corrective action, where to find assistance, and consequences for failing to take corrective action, it afforded you the opportunity to submit a rebuttal, and your CO signed the entry.  As your CO, he was well within his authority to issue the counseling entry.  The Board thus concluded that there is no 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.