Docket No: 7398-19 
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 6 October 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 August 2017 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement.  The Board considered your contention that your investigation was closed due to insufficient evidence and lack of cooperation from the victim.  As evidence, you provided correspondence from your current commanding officer (CO) requesting removal of your page 11 entry.   
 
The Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN) (2015 ed.), you were issued a 6105 entry counseling you for sexually harassing a female co-worker and your statement to your Sergeant Major (SgtMaj).  The Board also noted that you did not deny the statements to your SgtMaj.  Further, the Board found no evidence that your page 11 entry was based solely on the results of your Naval Criminal Investigation Service investigation and you provided none.  The Board determined that your contested entry was written and issued in accordance with the Marine Corps Individual Records Administration Manual.  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, the entry was signed by your commanding officer, and he/she determined that your misconduct was a matter that was essential to record, as it was his/her right to do.  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,