DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3697-20 
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 27 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. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

The Board carefully considered your request to remove your 11 April 2019 Administrative Remarks (page 11) 6105 counseling entry and 16 April 2019 rebuttal statement. The Board considered your contentions that you were not instructed to return to your work section and on 14 March 2019 you were directed to see the Chaplin before returning to work. You claim that the Force Protection Council (FPC) brief noted your location and instructions on 13 and 14 March 2019. You also claim that there would not be any grounds for the page 11 entry if the FPC brief was provided to your 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 failing to return to work to assist with the ongoing maintenance inspection. 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 take corrective action, and it afforded you the opportunity to submit a rebuttal. The Board reviewed your evidence. However, the Board determined that the FPC brief was insufficient to warrant removal of your page 11 entry. Moreover, your CO signed the entry and determine that your misconduct was a matter essential to document in your record, as it was his/her right to do. 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, 
5/3/2021 

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