Docket No: 9196-19
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 17 November 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 10 January 2017 Administrative Remarks (page 11) 6105 counseling entry and your rebuttal statement.  The Board considered your contentions that you received a Non Punitive Letter of Caution (NPLC), were removed from your billet and issued a page 11 entry for the same incident although there were no witnesses or statements other than the word of the Gunnery Sergeant (GySgt).  You also contend that four months after the incident, the counseling was issued by a different officer within the command and there was no evidence in your record or fitness report to suggest that the entry was justified.  You claim that you were involved in a verbal disagreement with the GySgt, however, the incident never escalated to the point claimed and the counseling entry did not state a specific date other than “on or about”.  As evidence, you furnished character statements.  
 
The Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual, you were issued a 6105 entry counseling you for insubordinate conduct and disrespect to a GySgt.  The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entry was written and issued in accordance with the 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 and it afforded you the opportunity to submit a rebuttal.  Moreover, your commanding officer (CO) signed the entry, and determined that your misconduct was a matter essential to record, as it was his/her right to do.  The Board determined that your receipt of a NPLC did not restrict your  CO from issuing your 6105 page 11 entry to document your misconduct as a matter of record.  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.   
 
Sincerely,