Docket No: 4304-19 
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 

A three-member panel of the Board, sitting in executive session, considered your application on 9 June 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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove the 17 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 without you being able to speak to your commanding officer (CO) and prior to the conclusion of the military police report.  The Board also considered your contention that no laws were broken which is why no charges were issued upon conclusion of the police report.  You assert that, since you were not in violation of leaving the scene of an accident, the Page 11 should be removed from your record. 

The Board noted that your CO issued the 6105 Page 11 entry counseling you for your lack of judgement, using poor judgment for departing the scene of an accident in which you were a passenger, and unacceptable behavior for a Marine staff non-commissioned officer (SNCO).  

You acknowledged (signed) the entry and chose to submit a rebuttal, which included an explanation of the circumstances of the events leading up to, during, and after the accident. Regarding your contention that the counseling was issued without you being able to speak to your CO, there is no evidence in your record, and you submitted none, to support this contention.  Therefore, the Board relied on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, presumed that your CO properly discharged his official duties. 

Regarding your contention that the counseling was issued prior to the conclusion of the military police report, the Board noted that you were not charged with violating the Uniform Code of Military Justice, but instead, your CO determined, based upon a preponderance of the evidence, that you demonstrated poor judgement and unacceptable behavior for a Marine SNCO, and that your CO was within his discretionary authority to issue the Page 11 entry.  The Board determined that the entry creates a permanent record of a matter your CO 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 rebuttal is included with the Page 11 in your OMPF. The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF. 

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.