DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490 


 
 
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 15 September 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 8 April 2011 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered the comprehensive explanation of your contention that your request for disenrollment from Weapons and Tactics Instructor (WTI) Course was denied due to a previously submitted request mast involving your company commander.  You assert that, had the conflict of interest, bias and overall negative history not existed between you and your former commander, your request for disenrollment would have been favorably considered, especially considering your wife’s high-risk pregnancy, and you would not have subsequently received the Page 11. 
 
The Board recognized that you were in a stressful situation, but also noted that you essentially refused to train, and later took full responsibility for your actions, admitting that you “could have done things differently . . .”  The Board also noted that there was no evidence in the record, and you submitted none that the decision to deny your disenrollment request was due to a negative history between you and your former commander.   
 
Moreover, the Board determined that the counseling entry creates a permanent record of a matter your commanding officer deemed significant enough to document, and your evidence did not prove otherwise.  The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were afforded the opportunity to rebut the counseling, and your rebuttal has been included in your OMPF.  The Board thus concluded that the record does not constitute 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. 
 
Sincerely,