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

Docket No: 2112-18 
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, section 1552.  After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 16 January 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 desire to remove the counseling entry dated 25 November 2014.  The Board considered your contentions that the counseling entry dated 24 August 2016 is a duplicate entry, and that your tattoo is not out of regulation.   

The Board noted that both counseling entries contain the proper elements in accordance with MCO 1070.12K and determined that they are not duplicates.  Although both entries document tattoos, the 25 November 2014 entry does not specifically identify a tattoo, nor does it include a photo of the tattoo.  In contrast, the 24 August 2016 counseling entry specifically identifies the location of your tattoo and was written in compliance with Marine Corps Bulletin 1020, the current tattoo policy.  The Board also noted that you signed each counseling entry, attesting to the administrative accuracy of the entries.  Moreover, your petition did not include an advocacy letter or sufficient evidence to support your contention that the tattoo is within regulations.  The Board thus concluded that the evidence is insufficient to demonstrate the existence of probable material error or injustice warranting a change to your record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters.  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, 
5/14/2019 

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