Docket No: 4607-19 
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 19 May 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 your 4 October 2018 Administrative Remarks (Page 11) 6105 counseling entry and rebuttal from your official military personnel file (OMPF).  You also request to remove your fitness report for the reporting period 21 August 2018 to 21 December 2018.  The Board considered your contention that in accordance with Marine Corps Order (MCO) 5354.1E, the Marine Corps Prohibited Activities and Conduct Prevention and Response (PAC) Policy, you were not notified of the complaint and the investigation determination within 72 hours.  You also contend that because you did not receive proper notification, you were not given the opportunity to appeal the convening authority’s decision. 

The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 entry counseling you for conduct that involved harassment behaviors with a junior Marine during training at Integrated Training Exercise 5-18 on or between 8 July 2018 and 12 August 2018.  The Board also noted that you acknowledged the counseling and submitted a rebuttal.  Concerning your contention that, as a subject of a complaint, you were not notified of the complaint or investigation determination within three duty days, the Board found no evidence in the Discrimination and Sexual Harassment (DASH) report or the investigation to substantiate your contentions, and thus determined that the evidence you provided was insufficient to invalidate your Page 11 entry. 

The Board also determined that the Page 11 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. 

Concerning your request to remove your fitness report for the reporting period 21 August 2018 to 21 December 2018, the Board determined that you have not exhausted all of your administrative remedies. Your request must be adjudicated by the Marine Corps Performance Evaluation Review Board (PERB).  It can be submitted to the PERB via email to. 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 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.