Docket No: 1082-19 
Ref: Signature Date 
 
 
 
Dear : 
 
This letter is in reference to your application of 23 January 2019 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 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 14 August 2015, Administrative Remarks (page 11/6105) counseling entry from your official military personnel file (OMPF).  The Board considered your contention that your rebuttal was written and submitted within five working days; however, your rebuttal was not submitted for inclusion in your OMPF. 
 
The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement manual (MARCORSEPMAN), you were issued a 6105 counseling for failing to pass a Physical Fitness Test (PFT).  The Board noted your 23 January 2019 rebuttal statement; however, the Board found no evidence of a previously submitted rebuttal and you provided none.  The Board further noted that the MCO 6100.3, the Marine Corps Physical Fitness Manual does not prohibit a commander from issuing a 6105 after the first PFT failure.  The Board thus determined that the contested entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided written notification concerning your deficiencies or impairments, addressed specific recommendations for corrective action, where to seek assistance, consequences for failure to take corrective action, afforded you the opportunity to submit a rebuttal, and your Commanding Officer (CO) signed the entry.  Moreover, the entry creates a permanent record of a matter your CO deemed significant enough to document, and as your CO, he was well within his authority to issue the counseling entry.  The Board thus concluded that there is no 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 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.