Docket No: 9165-19 
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 8 October 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 1 February 2013 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contentions that, while you were not on call or assigned to a food production line, the chief cook asked you to place the brisket in the oven, which you did, and you then proceeded to take your break.  You assert that it was the chief cook’s responsibility to take the brisket out of the oven, and that the chief cooks treated you unfairly after the incident. 
 
The Board noted that, pursuant to paragraph 6105 of MCO 1900.16 (Marine Corps Separation and Retirement Manual (MARCORSEPMAN)), you were counseled for failing to follow the Armed Forces recipe card, which resulted in burning over 120 pounds of beef brisket.  The Board also noted that you chose to submit a rebuttal, and that your rebuttal is on file in your official military personnel file.  The Board found no evidence, and you provided none, to support your contention that it was not your responsibility to monitor or remove the beef brisket.  The Board determined the entry was written and issued in accordance with paragraph 6105 of the MARCORSEPMAN.  Specifically, the entry provided written notification concerning your deficiencies and impairments, specific recommendations for corrective action, the locations of available assistance, a comprehensive explanation of the consequences of failing to take corrective action, and an opportunity to submit a rebuttal, and your commanding officer (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.  Accordingly, the Board concluded that the contested counseling entry is neither in error nor unjust, and will remain unchanged in your record. 
 
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.