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.  
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 11 February 2021.  The names and votes of the panel members 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 the 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 determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove all documents related to your 20 August 2012 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contentions that the Page 11 is factually incorrect and it does not address any specific deficiencies. You assert that the applicant admitted to the Recruiting Station chain of command that he knowingly withheld pertinent information in his enlistment process. You also assert that you have exhausted all means to locate the investigation using Freedom of Information Act requests, but there is no further evidence that the investigation exists or that the 6105 was warranted. 
 
The Board determined that the issuing officer was within his discretionary authority to issue the Page 11 entry.  The Board determined that the entry creates a permanent record of a matter he deemed significant enough to document, and your evidence did not show otherwise.  The Board also determined that the entry met 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 any assistance available, 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.  You were afforded the opportunity to rebut the counseling, and your very detailed explanation of the events that led to the issuance of the Page 11 is file with the counseling entry in your record.  The Board thus concluded that Page 11 entry does not constitute probable material error or injustice warranting its removal from your record. 
 
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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, 
  
2/25/2021
Deputy Director