Docket No: 6302-20 
                                                                                                                 
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 29 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 1 October 2019 Administrative Remarks (page 11) counseling entries and rebuttal statement.  The Board considered your contention that your page 11 entry states that you failed to follow the Marine Corps Policy Letter 6-18 Recognize, Respond, and Report (R3) Program and does not include any Uniform Code of Military Justice (UCMJ) violation.  You claim that you received a civil traffic citation for Driving While Impaired (DWI) with a blood alcohol concentration (BAC) of 0.07 percent and the civil court deposed the allegation because there was no BAC violation.    
 
The Board, however, determined that your page 11 entries are valid.  In this regard, the Board noted that pursuant to the Marine Corps Separations Manual, you were issued a page 11 entry counseling you for wrongfully operating a motor vehicle while impaired by a substance, having an alcohol concentration of 0.07 and failure to maintain proper lane control.  You were also issued a separate page 11 entry counseling you for failing to follow the  R3 Program and documenting your acknowledgement of the contents of the policy.  The Board also noted that according to the Marine Corps Individual Records Administration Manual (IRAM) you were properly counseled and determined that the contested 6105 page 11 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.   
 
The Board noted that you admitted to drinking, you acknowledged knowing the liberty alcohol consumption rules, and by reviewing the  policy you learned procedures that you did not know before the incident.  The Board determined that your contested page 11 entry acknowledging the  policy was appropriately issued conjointly with your 6105.  Moreover, your commanding officer signed the entries and determined that your misconduct was a matter essential to record, as it was his/her right to do.  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, 
7/16/2021
Executive Director