DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5551-20 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 15 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 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 24 July 2020 Administrative Remarks (page 11) 6105 counseling entry. The Board considered your contention that your page 11 entry was not based on factual evidence, the investigating officer (IO) failed to adequately investigate the allegations, and the IO arrived at conclusions that were not supported. You also contend that the IO only interviewed a select group of individuals, the IO did not interview any staff non-commissioned officers or officers. You claim that additional investigation would have revealed that the alleged statements were hearsay and fabricated by other Marines with motive to devise allegations against you. You also claim that the individual that filed the complaint stated that you did not make any of the alleged comments to him and he was told from other Marines that the comments were made. As evidence, you furnished documents regarding the dismissal of your preferred charges. The Board, however, determined that your page 11 entry is valid. In this regard, the Board noted that pursuant to the Marine Corps Separations Manual, you were issued a page 11 entry counseling you regarding the results of a command investigation, which found that you violated the Marine Corps Prohibited Activities and Conduct Prevention and Response Policy by making inappropriate comments about a Marine’s ethnic origin and medical condition. The Board also noted that according to the Marine Corps Individual Records Administration Manual (IRAM) you were properly counseled and determined that the contested entry was written and issued according to the IRAM. Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, the 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. The Board determined that your evidence was insufficient to warrant removal of your page 11 entry. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 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, 6/25/2021 Executive Director