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

Docket No: 9934-19                                                           
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 10 December 2020.  The names and votes of the panel members 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 the 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 also considered the 15 October 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal to the AO, you did not do so. 

The Board carefully considered your request to remove your 28 July 2017 Administrative Remarks (Page 11) 6105 counseling entry and to remove your adverse fitness report for the reporting period 1 July 2017 to 28 July 2017.  The Board noted that the Page 11 was issued due to your lack of integrity that resulted your commanding officer’s (CO’s) loss of trust and confidence and your relief as the company first sergeant.  Consequently, you were issued the adverse fitness report.  The Board considered your contention that your relief was due to a complete misunderstanding between you and your company commander and that you were also going through a difficult divorce and child-custody battle.  You argue that your command was not supportive of you during this time, and that your then-wife repeatedly tried to damage your professional reputation. 

The Board, however, determined that the Page 11 entry is valid.  In this regard, the Board noted that your CO was within his discretionary authority to issue the Page 11 6105 counseling, and that the entry creates a permanent record of a matter he deemed significant enough to document, and your evidence did not show 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 written response states that you were not intentionally dishonest and that you were not completely forthcoming.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your official military personnel file. 

With regard to your fitness report, the Board substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed.  In this regard, the Board noted that, although the report was submitted late, that does not render the report invalid, especially when considering the fact that your reporting chain had to be modified due to the relief of the battalion commander (and designated report reviewing officer).  In addition to acknowledging in both your Page 11 counseling rebuttal and fitness report that your actions did in fact constituted withholding of information, your reporting senior noted that you had “established a pattern of failing to communicate [your] inability to attend key training on numerous occasions.” Although the Board sympathized with the purported personal issues you faced during the reporting period, the Board found no evidence that this complication directly contributed to your relief. 

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,