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 21 July 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 14 June 2016 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contentions that, after an investigation that lasted nearly two years, you were counseled for allegations that were not substantiated, and that the counseling also wrongly states that you were suspended from all recruiting duties due to loss of trust and confidence.  You argue that you were not suspended from all recruiting duties, but were instead reassigned to a new recruiting substation to assist with the recruiting mission.  You also assert that you were subsequently awarded a recruiting ribbon at the end of your tour. 
 
The Board noted that you were issued the contested Page 11 entry due to suspected adultery and loss of trust and confidence.  Your commanding officer (CO) determined that, after a lengthy investigation, original allegations were not substantiate, however, an inappropriate relationship existed between you and at least one other female, who was not your wife.  Your CO also stated in the entry that you were suspended from all recruiting duties.  You acknowledged the entry and chose not to submit a rebuttal.     
 
The Board also noted that, while filling the billet as a recruiter, you were issued an adverse Transfer (TR) fitness report for the reporting period 1 January 2016 to 16 July 2016, shortly after you received the contested Page 11, and that for the next reporting period, 17 July 2016 to 23 September 2017, you filled a billet in your primary military occupational specialty (PMOS), and not as a recruiter.     
 
With regard to your assertion that you were not suspended from all recruiting duties and that you were subsequently awarded a recruiting ribbon, the Board noted that you attended Recruiter School from 9 July 2013 to 29 August 2013, and served as a recruiter for the period from 30 August 2013 until 16 July 2016, when you transferred to a billet in your PMOS.  The Board determined that you likely did not continue your recruiting duties after receiving the Page 11 entry, and that your command awarded you the Marine Corps Recruiting Ribbon because you completed a standard 36 month tour, despite having received the Page 11 entry and adverse fitness report.  
 
Moreover, the Board determined that the counseling entry creates a permanent record of a matter your CO deemed significant enough to document, and your evidence did not prove 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 chose not to.  The Board thus concluded that the record does not constitute 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. 
 
 Sincerely,