Docket No: 1669-20 
 Ref: Signature Date 
  
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 16 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 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, as well as the 10 February 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 10 February 2020, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board carefully considered your request to remove your fitness report for the reporting period 29 September 2016 to 10 October 2017 and your 11 May 2017 Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contention that after two years of appeals, the civil court dismissed your case and all charges.  You also contend that punishment and administrative action was taken without a final decision of guilt by the civil court.  As evidence, you furnished your Circuit Court of  docket and an endorsement from your former reporting senior (RS). 
 
The Board, however, substantially concurred with the AO that your fitness report should be retained as filed.  In this regard, the Board noted that your fitness report was deemed adverse for the receipt of derogatory material.  The Board also noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual you were issued a 6105 entry counseling you for physically controlling a passenger car . . . after consuming alcohol and for being absent without leave.  The Board noted, too, that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entry was written and issued according to the IRAM.  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, the consequences for failure to take corrective action and it afforded you the opportunity to submit a rebuttal.  Moreover, your Commanding Officer (CO) signed the entry and determined that your misconduct should be documented, as it was his right to do.  The Board noted, too, the evidence you furnished, however, the Board determined that the standard for conviction in a civil court is beyond a reasonable doubt, while your CO must determine that there was a minor disciplinary infraction.  Further, your conviction by a civil court was not required for your CO to determine that a 6105 counseling was appropriate.  Based upon the foregoing determination, the Board also determined that your fitness report is valid.  Accordingly, the Board 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 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,