Docket No: 4551-20 
Ref: Signature Date 
 
Dear : 
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 24 November 2020.  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 18 October 2019 Administrative Remarks (page 11) 6105 counseling entry and your rebuttal statement.  The Board considered your contentions that: 1) the allegations regarding the female Korean employees and the Independent Duty Corpsman (IDC) were not in the investigation, nor were you informed by the Investigating Officer (IO) of the allegations after your Article 31, Uniform Code of Military Justice (UCMJ) rights, 2) there was a conflict of interest and undue command influence because the Inspector General (IG) was assigned as the interim commanding officer (CO) while the investigation was ongoing, 3) the Force Protection Council (FPC) letters containing the CO's signature and liberty logbook entries were provided as evidence but were not included as part of the investigation, 4) the investigation stated that text messages could not be retrieved, but the IO substantiated allegations based off personal beliefs, 5) the photos of text messages did not mention anything about alcohol, 6) the photo dated 17 May 19 was not sent by you because my phone was in possession of the S-6 Chief from 17 May 2019 until the evening of 21 May 2019.  As evidence you provided a redacted copy of your command investigation. 
 
The Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 entry counseling you for inappropriate communication with a female lance corporal and two female local national employees, use of the FPC to exact punishment, ordering the IDC to treat patients contrary to the Training, Certification, Supervision, and Employment of Independent Duty Corpsman Manual, and using guard duty as punishment.  The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entry was written and issued in accordance with the IRAM.  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and 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.  Moreover, the Board is not an investigative body and relies on a presumption of regularity to support the official action of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board reviewed your statement and evidence, however, the Board concluded that your evidence was insufficient and there is no probable material error or injustice warranting corrective action.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  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,