Docket No: 8972-19 
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 that 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 24 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 27 June 2019 Administrative Remarks (Page 11) 6105 counseling entry and your rebuttal statement from your official military personnel file (OMPF).  The Board considered your contention that the counseling was based on an investigation that did not produce any negative material against you and that was based on false statements.  You claim that you were not relieved of your duties, you were removed after requesting legal assistance, and you did not receive an adverse fitness report.  As evidence, you submitted a letter from your former reviewing officer (RO), a witness statement, and text messages. 
 
The Board noted that, pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 Page 11 entry counseling you for violation of the Prohibited Activities and Conduct Act.  The entry noted that your chain of command lost trust and confidence in your ability to lead the Marines under your charge, and that your actions caused your unit to return you to CONUS prior to completion of the deployment.  The Board acknowledged your evidence, but noted that your RO’s letter merely states that you were transferred to his unit pending the outcome of the investigation, and your additional evidence pertained to another Marine.  The Board determined that your RO’s letter did not address the intent of your commanding officer (CO) in issuing the counseling entry, and that the witness statement and text messages were not relevant to your request.   
 
Further, the Board found no evidence that the investigation was not conducted in accordance with regulations or that you were relieved because you requested legal assistance, and you provided none.  The Board opined that your CO’s loss of trust and confidence in you and his decision to redeploy you prior to the end of the deployment was tantamount to a relief from your duties.  Moreover, in accordance with MCO 1610.7, Marine Corps Performance Evaluation System Manual, a CO is not required to submit an adverse fitness report. 
 
The Board also determined that the contested entry was written and issued in accordance with MCO 1070.12K, Marine Corps Individual Records Administration Manual (IRAM).  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 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 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.