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

Docket No: 10685-18                                                           
Ref: Signature Date 

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, § 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 5 December 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 7 March 2018 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contention that the tattoo documented in the entry was in compliance with the tattoo policy in 2011, when you got the tattoo, and that your command took pictures of the tattoo at that time to properly document it so that it could be “grandfathered in” under the new tattoo regulations.   

The Board noted that you were issued the Page 11 counseling due to non-compliance with the current Marine Corps tattoo policy, and that you chose to submit a written rebuttal, which is currently included in your OMPF.  You did not furnish any other evidence, other than your statement that the counseling was issued in error.  Therefore, the Board was unable to verify that you received the tattoo in 2011, and that you subsequently attempted to have it properly documented.  The Board thus concluded that you failed to substantiate that the 6105 Page 11 entry constitutes probable material error or injustice warranting its removal from your OMPF.  

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, 


12/20/2019