DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490   
 
 
Docket No: 1382-20
 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 4 March 2021.  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 the 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, as well as applicable statutes, regulations, and policies.   
 
The Board carefully considered your request to remove your 29 March 2017 Administrative Remarks (Page 11) counseling entry.  The Board considered your contention that you were told the Page 11 would not be entered into your official military personnel file (OMPF), and therefore you did not feel it was necessary to write a rebuttal. You also contend that the entry falsely states that you had been counseled many times on my short comings, and that you were fired as the Motor Transport Chief.  You also assert that your proficiency and conduct marks issued shortly after the Page 11 directly contradict the counseling. Additionally you contend that the counseling entry is missing proper verbiage. 
 
The Board determined that the 29 March 2017 counseling entry creates a permanent record of a matter your commanding officer deemed significant enough to document.  The Board noted that the entry provided written notification concerning your deficiencies, and specific recommendations for corrective action, indicating any assistance available.  You were afforded the opportunity to rebut the counseling, and you chose not to.  Additionally, the Board determined that your command chose not to penalize you by decreasing your proficiency and conduct marks, despite the counseling.  The Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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,