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

Docket No: 2077-19 
Ref: Signature Date 


Dear : 
 
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 22 August 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 an inappropriate relationship, despite an investigation’s recommendation that no charges be brought against you.  You also contend that no adverse action was taken against the female Marine involved, and that your rebuttal to the Page 11 entry was not added to your record. 
 
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 Page 11 entry counseling you for an intimate relationship with a sergeant who was not your spouse.  The Board 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.   
 
Concerning your contention that the investigation did not recommend any charges against you, the Board noted that, according to your CO, the investigation only provided circumstantial evidence.  However, the Board noted, too, that your CO determined that a preponderance of the evidence demonstrated that the relationship was outside the bounds of professional conduct.  The Board also determined that 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 contention that your rebuttal was not added to your record, during a review of your record, the Board noted that your rebuttal is in your OMPF.  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.