DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 4353-20 
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 23 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 the Administrative Remarks (Page 11) 6105 counseling entry you received on 1 November 2018 after failing to obey an order when you operated a vehicle under the influence of alcohol on 27 October 2018. You have also requested reinstatement of your selection to staff sergeant after your name was removed from the Fiscal Year (FY) 2018 Staff Sergeant Selection Board list by the Commandant of the Marine Corps (CMC) on 1 July 2019. The Board considered your contention the Page 11 6105 counseling was unjust because it was issued before you were formally charged by the civilian authorities, and, when you were eventually charged, it was for a moving violation and not operating a vehicle under the influence of alcohol. The Board noted the standard of proof in the civilian court is a higher standard than the preponderance of evidence standard required of commanding officers (CO) when administratively addressing misconduct and concluded the civilian court’s decision to charge you with a moving violation did not take away the command’s ability to rely on the police report and hold you accountable for driving under the influence. Additionally, the Board determined it was not error or unjust for the CO to recommend delay of your promotion or for the CMC to remove your name from the FY 2018 Staff Sergeant Selection Board list. Based on the available evidence, the Board determined there was insufficient evidence of an error or injustice to warrant granting your requested relief. 
 
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, 
4/29/2021 

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