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

Docket No: 4782-19 
Ref: Signature Date 

Dear

This letter is in reference to your application of 8 May 2019 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 that 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 26 November 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 reinstate your 6 July 2018 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contention that your lower left arm tattoos are in compliance with Marine Corps policy.  TheBoard noted that the Marine Corps did a mass “grandfathering” of non-compliant tattoos, and individuals who were in compliance with the policy had 120 days, until 30 September 2016,  to document the tattoos.  Accordingly, you received a Page 11 on 20 June 2016, documenting one tattoo (joker) on your right forearm, and four tattoos (a ski mask, a skull, a crown, and a four-leaf clover) on your left forearm.  On 6 July 2018, you received another Page 11 counseling you for violation of Article 92, Uniform Code of Military Justice (UCMJ) due to an additional non-compliant tattoo (rose) on your lower left forearm, and which the Board noted was not documented in your 20 June 2016 Page 11 counseling entry.
 
The Board reviewed your photographs and the relevant portions of the 2 June 2016 Marine Corps Tattoo Policy (MCBul 1020), and noted the following:
 
.. Tattoos that are in compliance with this Bulletin do not need to be documented. 
.. Lower Arm Tattoos 
.. Lower arm tattoos may extend down no further than a line around the circumference 
of the wrist measured at two inches above the wrist bone and may extend up no 
further than a line around the circumference of the lower arm measured at one inch 
below the elbow. 
.. Tattoos on a lower arm are limited to one of the following:
 
A single tattoo which can be covered by the individual Marine’s hand with their 
fingers extended and joined with the thumb flush against the side of the hand. 

The measurement will be from the base of the palm to the tip of the fingers and from the outside of the thumb to the outside of the palm.
 
A single collection of tattoos which can be covered by the individual Marine’s hand with their fingers extended and joined with the thumb flush against the side of the hand.  The measurement will be from the base of the palm to the tip of the fingers and from the outside of the thumb to the outside of the palm.
 
.. Tattoos of larger size or number on the lower arm are prohibited. 
The Board noted that your lower left arm has a total of five tattoos; four of them (a ski mask, a skull, a crown, and a four-leaf clover), although non-compliant, were properly documented, and “grandfathered” byyour 20 June 2016 Page 11, pursuant to the MCBul 1020 of 2 June 2016. The Board, however, determined that the tattoo documented in your 6 July 2018 counseling is not in compliance with the Bulletin, and was not grandfathered in your 20 June 2016 counseling entry.  Specifically, because the policy requires that, for lower arm tattoos, an individual must be able to cover a single collection of tattoos (emphasis added) with their hand.  The Board noted that, in your photographs, you are not able to cover all five of your left lower-arm tattoos collectively with your hand, as required by the policy.  The Board thus determined that the contested Page 11 counseling entry accurately documents your violation of Article 92, UCMJ.
 
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 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,