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.     
 
The Board determined that your personal appearance, with or without counsel, would 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. 
 
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 an Administrative Remarks page 11 6105 entry you received on 1 June 2020 for violating Article 134 of the Uniform Code of Military Justice for drunkenness and disorderly conduct.  The 6105 states that on 22 March 2020 the Battalion Officer of the Day (OOD) noticed you in a running vehicle slumped over in the front seat; when he opened the door he shook you, and you awoke heavily intoxicated with slurred speech.  You argue that the page 11 is unjust as you were not intoxicated and you were not acting in a disorderly manner.  
 
The Board noted that in your statement you admit to drinking the night prior to the OOD finding you.  In addition, the duty logbook for 22 March 2020 states “ arose, claiming he had been drinking since 2000.”  The Board further noted that you chose not to make a statement in rebuttal to the counseling.  MCO P1070.12K (IRAM) provides commanding officers wide discretion regarding the subject matter of a counseling.  The Board determined that your commanding officer properly utilized the page 11 entry to inform you of a problem, overuse of alcohol, and provided specific recommendations for corrective action.  Consequently, the Board determined that the page 11 6105 counseling is administratively correct and shall remain in your official military personnel file as written. 
 
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, 
5/20/2021
Executive Director