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 25 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 the 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 from your record a 12 December 2018 Administrative Remarks 6105 counseling entry you received for being stopped by civilian authorities for the suspicion of driving under the influence of alcohol (DUI) on 5 December 2018.  The Board considered your contention that the 6105 is invalid because in civilian court, pursuant to a plea bargain, the DUI charge was dismissed, and you plead guilty to reckless driving.  
 
The Board noted that a civilian court dismissal and the actions of the Marine Corps are separate and distinct and neither is dependent upon the other for legitimacy and that commanding officers are given wide discretion regarding the subject-matter of a counseling under paragraph 4006.3(r) of MCO P1070.12K w/ CH 1 (IRAM).  Moreover, there is no prohibition on issuing a 6105 counseling entry prior to a civilian court adjudication of the underlying misconduct.  Consequently, the Board determined the 6105 entry does not constitute probable material error or injustice warranting removal and concluded the entry shall remain in your official military personnel file. 
 
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, 

6/15/2021
Executive Director