Docket No: 8799-19
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 5 November 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 11 February 2020 advisory opinion (AO) furnished by the Marine Corps Secretariat Section (SEC), 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 16 February 2017 Administrative Remarks (Page 11) counseling entry.  The Board considered your contention that you were issued the Page 11 after your battalion commander determined that you were innocent of the offense you allegedly committed.  The Board did not consider your request to also remove your fitness report (2 January 2017 to 15 February 2017) because you did not first exhaust all available administrative remedies by petitioning the Marine Corps Performance Evaluation Review Board (PERB) before petitioning this Board.     
 
The Board, however concurred with the AO that the Page 11 is valid as written and filed.  In this regard, the Board noted that the issuing officer’s determination was based upon a preponderance of the evidence, which showed your inability to uphold the established leadership traits and principles as a staff non-commissioned officer, and that you lacked an acceptable level of integrity, judgment, and decision making ability while attending the Marine Security Guard School.   
The Board also determined that the issuing officer was within his discretionary authority to issue the Page 11 entry.  The Board determined that the entry creates a permanent record of a matter he deemed significant enough to document, and your evidence did not show otherwise.  The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were afforded the opportunity to rebut the counseling, and your written response is included in your official military personnel file (OMPF).  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF.   
 
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 attachés 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,