Docket No: 2397-20 
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 17 April 2020 advisory opinion (AO) furnished by the Marine Corps Office of Legal Counsel (JPL) and your response. 
 
The Board carefully considered your request to remove your 11 August 2017, Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contentions that you were arrested on 18 June 2017 by the local Sheriff, charged with disorderly conduct and you were not afforded the opportunity to conduct a sobriety test.  You also contend that your page 11 entry includes a violation of Article 134, Uniform Code of Military Justice (UCMJ) without following the guidance for incapacitation offenses as referenced in the Manual for Courts-Martial (2016 ed.).  You claim that your command notified you that your promotion to E-7 was placed on hold pending the results of the court hearing.  You also claim that your charges pertaining to the incident were dismissed and no accidents involving injuries or damage to private property were ever noted or reported.  As evidence, you furnished you State of  case history. 
 
The Board, however, substantially concurred with the AO that your page 11 entry is valid.  The Board noted that pursuant to the Marine Corps Separation and Retirement Manual, you were issued a 6105 page 11 entry counseling you regarding violation of Articles 111 and 134, UCMJ.  The Board also noted 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 determined that your counseling for violating Article 111, UCMJ (operating a vehicle in a wanton or reckless manner) was valid whether you were impaired or not.  The Board also determined that your counseling for violating Article 134, UCMJ (disorderly conduct) was also valid.  The Board also considered your response to the AO, however, the Board determined that your CO sufficiently documented your misconduct and the basis for your page 11 entry.  Further, your conviction by a state court was not required for your CO to determine that a 6105 counseling was appropriate.   
 
Concerning the delay and subsequent revocation of your promotion to E-7, the Board substantially concurred with the AO that you were given due process.  The Board found no evidence that your promotion revocation was in error and you provided none.  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,