Dear : 
 
This 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 relevant portions of your naval record and your application, 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 10 December 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, as well as applicable statutes, regulations, and policies.    
The Board carefully considered your request to remove your 4 October 2018 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contentions that the counseling was not issued within applicable orders and regulations, and that if you had been afforded an opportunity to consult counsel, you would not have signed the entry.  The Board did not consider your request to also remove your fitness reports (1 July 2018 to 20 August 2018 and 21 August 2018 to 15 November 2018) 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, determined that the Page 11 is valid as written and filed.  In this regard, the Board noted that your commanding officer was within his discretionary authority to issue the Page 11 6105 counseling, and 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 filed in your official military personnel file (OMPF).  The Board also noted that even if you had refused to acknowledge (sign) the entry, you would have merely forfeited your opportunity to make a rebuttal statement.  Your command would have made a counter-entry immediately following the counseling entry to verify that you were made aware of the adverse/derogatory entry, and the entry would still have been forwarded for inclusion in your OMPF.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF. 
 
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,