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

Docket No: 1129-19 
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 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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your 15 May 2018, Administrative Remarks (page 11/6105) counseling entry and your rebuttal from your official military personnel file (OMPF).  The Board considered your contention that the 6105 counseling contains violations that were not substantiated by your administrative separation board (ASB).  You assert that the board’s findings were in your favor and you were allowed to continue your service in the Marine Corps. 

The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 15 May 2018, 6105 counseling for an unduly familiar relationship with a female lance corporal by having her in your barracks room, buying her alcoholic beverages, having her in your room without signing her in, and causing her bodily harm.  The Board also noted that the 23 October 2018, Administrative Separation Board determined that a preponderance of the evidence proved that you violated the Commanding General, 3d Marine Logistic Group Fraternization Policy Letter 7-14 by having an unduly familiar relationship with a female lance corporal, by having her in your room, buying her alcoholic beverages and texting her throughout the night.  The Administrative Separation Board did not find a preponderance of evidence that you had “a female in your room without signing her in and having the door closed” and caused “bodily harm when you touched…of LCpl…” On 20 December 2018, pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a counseling for an unduly familiar relationship with a junior female lance corporal, “when you; texted he in an unduly familiar manner throughout the night, bought her alcoholic beverages, and invited her into your barracks room.” 

Concerning your contention that the contested 6105 counseling contains violations that were not substantiated by the ASB, the Board noted the findings of the ASB.  However, the Board determined that the content of the 15 May 2018 counseling was significant and will remain in your record.  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/impairments, addressed specific recommendations for corrective action, where to seek assistance, consequences for failure to take corrective action, and 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. 

Sincerely, 

1/27/2020