DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 2052-19                                                           
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 18 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 20 July 2018 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contention that the counseling was issued for not completing your semi-annual physical fitness test (PFT).  You assert that, because of personnel turnover, you were unable to locate the documents and only recently acquired them. 

The Board noted that, pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 entry counseling you for making false official statements.  The entry noted that you informed your chain of command that you were not medically qualified, your PFT was monitored by a Marine (who denied monitoring your PFT), and you took a PFT during October 2017 believing it would cover the following semi-annual calendar-year requirement.  The Board also noted that you elected not to submit a rebuttal to the entry.  The Board determined that your decision not to submit a rebuttal indicates that you acknowledged the reason for the counseling entry and did not object to its basis.  The Board also 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, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action, it afforded you the opportunity to submit a rebuttal, and your commanding officer (CO) signed the entry.  While the Board noted your 1 February 2018 PFT scoresheet, the Board determined that your evidence was not sufficient to warrant removal of 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.  Regarding your desire to remove your fitness report, you are required to exhaust all administrative remedies by submitting a petition to the Marine Corps Performance Evaluation Review Board (MMRP) before seeking relief from this Board.  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 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, 

3/24/2020