Docket No: 8643-19
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 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 20 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 also considered the 16 January 2020 advisory opinion (AO) furnished by the Headquarters Marine Corps Military Personnel Law Branch (JPL) which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.    
 
The Board carefully considered your request to remove your 8 March 2018 Administrative Remarks (Page 11) 6105 counseling for substandard job performance, failing to obtain the required credentials and security clearance to effectively perform the duties required of your rank and Military Occupational Specialty (MOS), demonstrating poor judgment and a lack of leadership, and failure to uphold the standard of professionalism, fraternization, and overall conduct.  You contend that the Page 11 is invalid because a secret security clearance is not required for your MOS and that you submitted your request for security clearance in a timely manner, but your request was under investigation for eligibility at the time you received the 6105 counseling.   
 
The Board noted that you failed to provide any evidence that your billet did not require a secret security clearance and that you also did not submit a rebuttal to the Page 11 entry nor did you request mast or seek relief through an Article 138 complaint.  The Board further noted that you did not provide any evidence disputing the other listed deficiencies (poor judgment, lack of leadership, unprofessionalism, and fraternization).   
 
The Board determined that the Page 11 counseling entry is valid as you were counseled for behavior that could be the basis for separation and could have prevented you from performing your expected duties.  The Board concluded that the Page 11 entry is administratively correct and shall remain in your official military personnel file. 
 
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,