DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 908-19 Ref: Signature Date Dear : This letter is in reference to your application of 25 November 2018 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 19 December 2019. 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 22 April 2018 and 18 May 2018, Administrative Remarks (page 11/6105) counseling entries and rebuttals from your official military personnel file (OMPF). You also request removal of your adverse fitness report for the reporting period 1 October 2017 to 30 September 2017. The Board considered your contentions that after your Request Mast, the Commanding Officer (CO) consulted with legal and revised the 22 April 2018, 6105 counseling entry and the 18 May 2018, 6105 counseling entry was intended to replace the 22 April 2018, 6105 counseling entry. You also contend that as a reservist outside of drill and not on orders, and you are not subject to lawful orders during times you are not subject to the Uniformed Code of Military Justice (UCMJ). Therefore, you cannot violate the UCMJ by not following lawful orders during those periods. The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement manual (MARCORSEPMAN), you were issued a 6105 counseling for failure to maintain communication between drill periods as directed, failure to complete the Professional Military Education (PME) checklist within the required time-frame, and failure to complete the billeting documentation requirements as assigned by your Officer-In-Charge (OIC). You were also issued a 6105 counseling entry for failure to properly and timely communicate with the command and its representative in an effective manner, failure to respond to appropriate requests for information concerning you and your section, and failure to complete assigned task in a timely manner. The Board noted your Request Mast petition, in which you expressed your concerns that Marines were being counseled for failures outside of drill for which there is no legal basis. The Board determined that the evidence you provided was insufficient to conclude that you were not subject to lawful orders. The Board, also determined that the contested 6105 counseling entries were written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM). Specifically, the entries provided written notification concerning your deficiencies, addressed specific recommendations for corrective action, where to seek assistance, consequences for failure to take corrective action, and afforded you the opportunity to submit a rebuttal, which you submitted, and your Commanding Officer (CO) signed the entry. Moreover, the entries create a permanent record of a matter your CO deemed significant enough to document, and as your CO, he was within his authority to issue the counseling entry. Lastly, concerning your request to remove your adverse fitness report for the reporting period 1 October 2017 to 30 September 2018. The Board determined that you have not exhausted all available administrative remedies. In this regard, you must submit a petition to the Marine Corps Performance Evaluation Review Board (MMRP-13) to request removal of your contested fitness report. 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.