DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
           
Docket No: 1128-19                                                           
Ref: Signature Date 

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 26 February 2020.  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 18 February 2003 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contention that your then-company commander issued you the Page 11 entry counseling you for a lack of integrity and violation of the Uniform Code of Military Justice (UCMJ) Article 86 (unauthorized absence), and that the succeeding company commander deemed the entry was unfair.  You assert that he lined out and signed the entry with the intent for the Installation Personnel Administrative Center (IPAC) to remove the entry from your record. 

The Board, however, determined that 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.  Additionally, you acknowledged the counseling and chose not to submit a written rebuttal.   

The Board also noted that, pursuant to MCO P1070.12K, administrative materials or documents to support the chronology of events for the Marine’s history are incorporated in the official military personnel file (OMPF) at Headquarters, Marine Corps, and that commanders are authorized to make entries that are essential to document an event in a Marine’s career for which no other means or method of recording exists.  The Board determined that the issuing officer was within his discretionary authority to counsel you regarding your deficiencies, and the succeeding commander was not authorized to remove the counseling from your OMPF.  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 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, 

4/12/2020