DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6677-20 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 13 July 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 your 6 June 2012 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement. The Board considered your contentions that you were stopped for speeding and arrested for suspicion of Driving Under the Influence (DUI) of alcohol, the result of your breathalyzer’s blood alcohol concentration (BAC) was .07 percent, the legal limit for the state was a .08 percent BAC, therefore, the civil court dismissed your DUI charge and found you guilty of speeding. You claim that you have never know a Marine to get a page 11 entry for speeding and the entry is preventing you from being recommended with enthusiasm for warrant officer. 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 for being arrested for suspicion of driving under the influence of alcohol with a BAC of .07 percent. The Board also noted that according to the Marine Corps Individual Records Administration Manual (IRAM) you were properly counseled for your alcohol related incident 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 the basis for your page 11 entry is factual, thus the outcome of your civil case has no bearing on your CO’s discretionary authority in issuing 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, 7/30/2021 Executive Director