Docket No: 3585-20 
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 20 April 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 12 September 2019, Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement.  The Board considered your contention that you that your page 11was submitted to your record before any legal adjudication, and your charges were subsequently dismissed, rendering your page 11 erroneous.  As evidence, you furnished an advocacy letter from your former Commanding Officer (CO). 
 
The Board, however, determined that your page 11 entry is valid.  In this regard, the Board noted that pursuant to the Marine Corps Separations Manual, you were properly counseled for your disorderly conduct that resulted in the police being called to your residence.  The Board also noted that according 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 complete your enlistment and to take corrective action, and it afforded you the opportunity to submit a rebuttal.  The Board also determined that your misconduct did occur, the dismissal of your case in civil court does not invalidate your page 11 entry.  Moreover, to issue a page 11 entry, your CO needed only to conclude that a disciplinary infraction occurred and to determine that your misconduct was a matter essential to document in your record.  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, 
4/27/2021
Executive Director