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

Docket No: 11001-18 
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 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 January 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 7 November 2018 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF). The Board considered your contention that you were falsely accused of violating the Marine Corps order on prohibited activities and conduct, and, although you acknowledged that your actions were inappropriate and immature, you never intended to harass or insult another Marine. 
 
The Board noted that, on 30 October 2018, you were issued a Page 11 entry counseling you for violating Article 92, the Uniform Code of Military Justice, for failing to obey an order or regulation by harassing a fellow Marine with homophobic, indecent language and drawings, and that, as a result of your actions, an equal opportunity complaint was filed against you.  You acknowledged (signed) the entry and chose to submit a written rebuttal, which is also in your OMPF. 

The Board noted that your Page 11 entry was issued in accordance with MCO P1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), and, pursuant to the IRAM guidance, commanding officers are to limit administrative remarks to matters forming an essential and permanent part of an member’s military history, which are not recorded elsewhere in the OMPF or the MCTFS, and which will be useful to future commanders. The Board found no evidence in the record, and you submitted none, that substantiates your contention that you were falsely accused of violating the order on prohibited activities and conduct.  

During the Board’s review of your OMPF, it was noted that your OMPF has duplicate entries of several Page 11 entries.  In accordance with Marine Corps policy, if you have two or more of the same documents in your OMPF, you may contact Headquarters, Marine Corps (MMRP-20) via e-mail (smb.manpower.mmrp@usmc.mil) to have the duplicate documents removed.  In your e­mail, provide your full name and EDIPI, and specifically identify the document(s) and the folders in which the documents reside that are duplicates. 

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,