DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 8218-19 
Ref: Signature Date 

Dear
 
This letter is in reference to your application of 16 August 2019 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.
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 3 March 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 2 April 2007 Administrative Remarks (page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contention that you were required to attend a promotion formation, however, you were in the parking lot on the phone with your mother, because your grandmother passed away.  You claim that you did not elect to submit a rebuttal because you felt it was inappropriate to disclose a private family matter to your chain of command. As evidence, you submitted a letter from the issuing officer, requesting that the counseling entry be removed from your OMPF, stating: 

The counseling was issued without a sufficient understanding of the facts and circumstances.  He was unaware and was not informed that you suffered a death in your family.  Had he been aware, he would not have issued the counseling. 

The Board noted that pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, the Marine Corps Separation and Retirement Manual, you were issued a 6105 entry counseling you for being in an unauthorized absence status.  The entry also noted that you were counseled repeatedly in the past for your inability to be at your appointed place of duty on time.  The Board also noted that you acknowledged the counseling and chose not to submit a rebuttal.  The Board determined that your decision not to submit a rebuttal indicates that you acknowledged the reason for the counseling entry and did not object to its basis. 

The Board acknowledged the letter from the issuing officer, however, the Board determined that the issuing officer’s request is not timely and the noted misconduct was not limited to the contested incident.  The Board thus determined that the counseling 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.  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, 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.  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. 

Sincerely,