Docket No. 5211-20
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.    
 
Although your applications were not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your cases on their merits.  A three-member panel of the Board, sitting in executive session, considered your applications on 17 June 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 applications, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
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. 
 
The Board carefully considered your request to remove derogatory material associated with a 2011 public intoxication charge from your official military personnel file (OMPF).  The Board considered your contentions that the public intoxication charge you plead guilty to was only a $25.00 fine and has been long removed from your civilian record, and it was an injustice that you were charged with resisting arrest.  You also assert that since then, you were retained on active duty, promoted to first lieutenant, and you have served honorably and without infraction. 
 
The Board noted that adverse material includes any document that reflects unfavorably upon a Marine’s mental, moral, or professional qualifications, and that all relevant adverse material is filed in a member’s OMPF in accordance with MCO P1070.12K.    
The Board considered the details of the August 2011 incident, and the effect the adverse material had on your accession to active duty and promotion to first lieutenant.  The Board also noted  that the Secretary of the Navy’s precepts to promotion selection boards provides specific guidance for board members to follow with regard to how they consider adverse information.    Specifically, documented incidents of misconduct that is included in an officer’s official record must be briefed to all board members, and members must carefully consider each such incident in connection with their deliberations.  A judgment of the whole person and the whole record is required to determine whose future potential for promotion or continuation will best serve the Marine Corps.   
 
The Secretary of the Navy advises in the precepts that board members may conclude that particular adverse information undermines an officer’s ability to serve successfully in a position of increased authority and responsibility, or they may find that an officer’s overall outstanding performance demonstrates such potential for future service that it outweighs any deficiency noted in the record.  Furthermore, some officers will have learned from their mistakes in ways that make them stronger; others will have strengths that outweigh relative weaknesses in their records.  The Secretary of the Navy directs board members to “[m]ake the best, not simply the most obviously defensible, choices.  By doing this, you will not only fulfilling your obligation, you will also better serve the Marine Corps.”  In view of the foregoing information, the Board concluded that the adverse material was inserted into your OMPF in compliance with MCO P1070.12K, and that it should be available for consideration by future selection boards.    
 
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, 
6/29/21
Executive Director