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

Docket No: 2535-18 
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 22 February 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 the naval record, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your desire to remove the counseling entry dated 26 February 2013.  The Board considered your contention that the command investigation into allegations of improper relationships with junior Marines concluded that you committed no wrongdoing.  You further contend that, during the course of the investigation, you received an annual fitness report with Section I comments stating you are a “tough and qualified SNCO that genuinely cares about the well-being and development of the Marines under his charge.” The Section I comments of the fitness report you received after the counseling stated that you did an “excellent job developing your Marines” and “consistently kept the best interests of the Marine in mind.” It is your belief that these comments did not justify any negative counseling. 

The Board noted that, in the command investigation of 29 January 2013, the investigating officer (IO) opined that there was not enough credible evidence or substantial instances to conclude that an improper relationship occurred between you and junior Marines, but that you were likely aware a perception problem existed that you did not take seriously.  The Board also noted his recommendation to the commanding officer included taking appropriate administrative action at the commanding officer’s discretion.  The Board determined, per the Individual Records Administration Manual, that commanders are authorized to make entries of events that they deem essential to document.  The counseling entry, thus, was not in error or unjust. 

Regarding your contention that the Section I comments of your fitness reports do not support the negative counseling, the Performance Evaluation System manual does not require Section I comments to echo counseling entries.  The Board concluded that the counseling entry is valid and issued consistent with regulations, therefore the counseling entry and your rebuttal will remain in your record. 

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.  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, 


6/13/2019