Docket No: 1983-20 
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 30 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.  
 
The Board carefully considered your request to remove your 20 February 2015, Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contention that you were issued a formal counseling for suspicion of Driving Under the Influence (DUI) before the court provided a final judgement on your charges.  You claim that the state court found you not guilty, your driver’s license was not suspended and returned because your charges were dismissed.  You also opined that the court should go through its due process before making any decision on the outcome.  As evidence, you furnished your State of , Notice of Administrative Hearing Decision. 
 
The Board, however, substantially concurred with the previous Board’s decision (Docket No: 8796-17) that you failed to meet the burden of proof necessary to warrant removal of your page 11 entry.  The Board noted that pursuant to the Marine Corps Separation and Retirement Manual, you were issued a 6105 page 11 entry counseling for violating Article 111, Uniform Code of Military Justice (UCMJ).  The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled for your alcohol related incident and determined that the contested entry was written and issued according to the IRAM.  The Board noted, too, that you acknowledged the entry and elected not to submit a statement.  The Board, thus determined that your election not to submit a statement indicated that you understood the basis for the entry.  The Board also determined that your Commanding Officer’s (CO’s) conclusion that misconduct occurred and that your misconduct was a matter essential to document, was sufficient justification to issue your page 11 entry.  Moreover, the Board considered your evidence, however, a conviction by a state court was not required for your CO to determine that a 6105 counseling was appropriate.  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,