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

Docket No: 4350-20 
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 11 May 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 19 December 2017 Administrative Remarks (page 11) 6105 counseling entry. The Board considered your contention that your page 11 entry was issued based upon a police report and made assumptions regarding your charges. You claim that the entry includes the statement, “. . . drunk and disorderly, domestic assault, child endangerment and false imprisonment.” However, the only charge filed against you was child endangerment and it was dismissed in civil court on 9 August 2019. As evidence, you furnished civil court documents. 

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 issued a page 11 entry counseling you for being drunk and disorderly at or near 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 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 was a matter essential to record, as it was his/her right to do. The Board noted, too, your civil court documents and determined that a conviction in civil court is not required to issue a counseling entry, your CO need only to determine that misconduct occurred. Additionally, the Board found no evidence that your case was dismissed, and further noted that you completed a 52 week Military Diversion Program, which formed a basis for the court to close your case. 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, 
5/17/2021 

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