Docket No: 10997-19 
Ref: Signature Date 

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 5 January 2021.  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 27 September 2014, Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contentions that you signed an updated page 11 entry, in which you elected to make a statement, however, the updated page 11 entry and your statement were never added to your record.  You claim that you initially chose not to make a statement, but after discussion with your company gunnery sergeant (GySgt) you signed another version of the entry.  As evidence, you furnished correspondence from your former company GySgt.  
 
The Board noted that pursuant to the Marine Corps Separations and Retirement Manual, you were properly counseled for insubordinate conduct toward a non-commissioned officer.  The Board also noted that your contested entry was written according to the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and it notified you of your right to submit a rebuttal.  Additionally, your commanding officer signed the entry, and determined that your misconduct was a matter essential to document, as it was his/her right to do.  The Board noted the correspondence from your former company GySgt, however, the Board found no evidence of an updated page 11 entry or rebuttal statement and you provided none.  Accordingly, the Board concluded that there is no probable material error or injustice warranting corrective action.   
 
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,