Docket No: 8148-19
Ref: Signature Date

 
Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted 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 20 October 2020.  The names and votes of the panel members 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 the 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 a 30 January 2018 Administrative Remarks (Page 11) 6105 counseling you received for misconduct while on recruiting duty, and that your chain of command advised you that the counseling would not be filed in your Official Military Personnel File (OMPF) absent further misconduct.  The Board also noted that the counseling was not annotated in your fitness reports, and that your command determined to permit you to continue serving as a recruiter.  Finally, the Board considered the letter of support provided by your officer-in-charge at the time indicating that you attempted to you remove yourself from the incident that resulted in the 6105 counseling, but nonetheless accepted accountability for the situation and apologized to your peers for bringing a negative light to your unit.   
 
Despite these favorable considerations, the Board found no error or injustice with the Page 11 entry in your OMPF.  It determined that your command properly utilized the Page 11 entry to inform you of an identified deficiency and its possible consequence, and that it was properly entered into your OMPF.  The Board also noted that you acknowledged being advised that you could submit a written rebuttal to the counseling that would be scanned into your OMPF with the counseling entry.  While the Board does not doubt that some in your chain of command may have indicated that the 6105 counseling would be suspended, there was no reference to such suspension within its contents, and both its contents and ultimate filing in your OMPF suggest that this was not the intent. 
 
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,