Docket No: 9166-19 
Ref: Signature Date 

Dear  
 
This 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, as well as applicable statutes, regulations, and policies. 
 
The Board carefully considered your request to remove your 14 September 2017 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contentions that you the senior enlisted treated junior enlisted poorly, you were denied nonjudicial punishment (NJP) in lieu of a court-martial, and your command forced you to write unofficial statements in your rebuttal without your rights being read to you.  You assert that the command kept you on restriction from March 2017 to November 2017 and denied your right to speak to the commanding officer (CO). 
 
The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were counseled for knowingly giving a false statement to superior military staff noncommissioned officers and officers about an incident at that occurred on 20 March 2017.  The Board also noted that you chose to submit a rebuttal, and that rebuttal, though dated prior to your counseling date, is on file in your official military personnel file.  The Board found insufficient evidence that the counseling was issued because of poor treatment by the senior enlisted personnel.  Nor did the Board find a record of NJP, pending legal action, or that you were wrongfully placed on restriction, and you provided no evidence of these matters beyond your statement.  The Board determined the entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM).  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, available assistance, a comprehensive explanation of the consequences, an 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 your CO was within their 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 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.