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.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 22 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.   
 
A review of your record shows that you entered active duty with the Marine Corps in November 2012.  On 27 February 2017, you were counseled for providing a false official statement regarding the whereabouts of your Status of Forces Agreement (SOFA) driver’s license.  It was alleged that you provided contradictory statements during two separate investigations.  You submitted a rebuttal statement to the counseling that documents your assertion that you answered questions regarding your SOFA driver’s license truthfully to the best of your knowledge.  This rebuttal statement is contained in your military record.  Subsequently, you were issued an adverse fitness report that documented your counseling in which you submitted comments that mirrored your rebuttal statement to the 27 February 2017 counseling.  Your record shows that you were promoted to your current paygrade on 1 February 2021. 
 
The Board carefully considered your arguments that the 27 February 2017 counseling should be removed from your record as a matter of injustice.  You raise the same arguments provided in your rebuttals to your counseling and adverse fitness report, i.e. that you answered truthfully to the best of your recollection at the time.  Unfortunately, the Board disagreed with your rationale for relief.   

In reviewing your case, the Board found no error or injustice to support removing the 27 February 2017 counseling from your record.  Despite your claims that you answered truthfully, the Board found that preponderance of the evidence supports the counseling for false official statement since you provided two contradictory statements to investigators regarding the location of your SOFA driver’s license.  Further, in the Board’s opinion, your rebuttal statements sufficiently address your injustice concerns since it fully explains your version of events on why you provided contradictory statements to investigators.  The Board also took into consideration that you promoted to E6 despite the counseling and adverse fitness report.  In the Board’s opinion, this was additional evidence that the counseling statement in your record does not create an injustice.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,
 
4/24/2021
Deputy Director