Docket No: 6240-19 
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 August 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 8 January 2019 Administrative Remarks (page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contention that when the command investigation ended, you were not notified of the investigation’s recommendation, thus you were not afforded the opportunity to appeal the results/recommendations of the investigation.  You claim that your counseling occurred six months after the investigation and the Command Inspector General (CIG) notified you that an Offender Acknowledgement Record was not provided to you at the conclusion of the investigation. 
 
The Board noted that pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16 (2015 ed.), the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 entry counseling you for being the subject of a command investigation that found that you displayed inappropriate behavior as an entry level instructor by creating an inappropriate and hostile work environment.  The Board also noted that pursuant to MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that your contested entry was written and issued in accordance with the 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 and it afforded you the opportunity to submit a rebuttal.  Moreover, your commanding officer signed the entry, and determined that your misconduct was a matter essential to record, as it was his/her right to do.   
 
Regarding your Offender Acknowledgment Record, the Board noted your response from the CIG informing you that the Offender Acknowledgment Record was sent to you on 14 May 2019, and your command’s Equal Opportunity Representative had not yet received a response from you.  The Board determined that your command’s failure to provide the Offender Acknowledgement Record does invalidate the counseling entry.  Further, the Board found no evidence that you submitted the Offender Acknowledgment Record or attempted to submit an appeal in accordance with MCO 5354.1E, the Marine Corps Prohibited Activities and Conduct Prevention and Response Polity.  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.