DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 3418-19                                                           
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 3 March 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 11 April 2016 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contention that your commanding officer (CO) counseled you because he believed that you informed your poolees not to attend the monthly pool function.  You claim that some of your poolees did attend and that you merely did not reemphasize their attendance at the function as much as you should have. 

The Board noted that, pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, the Marine Corps Separation and Retirement Manual, you were issued a 6105 entry counseling you for intentionally telling your pool not to show up for a monthly pool function when you knew they should be there.  The Board also noted that you acknowledged the counseling and chose not to submit a rebuttal.  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, and that, in any event, you provided no evidence to support your contention. 

The Board also determined that the counseling entry is valid and shall remain in your OMPF.  In this regard, the entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual.  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.  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 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, 

4/8/2020