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  4 March 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.  
 
A review of your record shows that you entered service with the Marine Corps in 2010.  After being arrested for driving under the influence of alcohol in November 2014, you received a number of counseling statement regarding the incident and its impact on your promotion recommendation through December 2015.  Subsequently, you were counseled on 2 August 2019 for dereliction of duty related to leaving your post and being unfit due to medication.  On 15 November 2019, you were counseled for a number of incidents including insubordination toward a non-commissioned officer, dereliction of duty related to junior Marines under your care, and disobeying an order not to take prescription medication that would affect you during workhours.  You did not submit a rebuttal statement to the counseling but provided a rebuttal statement in your fitness report ending on 22 November 2019.  Finally, you received another counseling statement on 6 January 2020 for failing to complete your annual Combat Fitness Test. 
 
The Board carefully considered your arguments that your 15 November 2019 counseling statement should be removed from your record.  You assert that you were never counseled for the incidents and deny that you were derelict in performance.  Unfortunately, the Board disagreed with your rationale for relief.   
 
Marine Corps Order 1900.16, paragraph 6105 states that counseling statements are required as part of rehabilitation efforts prior to initiation of separation proceedings.  Rehabilitation efforts include documenting in a Marine’s record “written notification concerning deficiencies or impairments” along with specific recommendations for correction action and an explanation of the consequences of failure to successfully take the recommended corrective action.  In reviewing the counseling statement issued on 15 November 2019, the Board determined that it meets the requirements of Marine Corps Order 1900.16 since it properly identifies multiple deficiencies associated with your performance and provides specific recommendations along with consequences for failing to take those recommendation.  Despite your assertions that you were not derelict in the performance of your duties, the Board noted that you did not submit a rebuttal to the counseling statement.  Additionally, the Board was not convinced by your argument that you were never counseled for your behavior.  The 15 November 2019 counseling statement starts with “Counseled this date concerning…” and serves a counselling function.  Therefore, based on the plain language of the document, the Board concluded you were appropriately counseled for your deficiencies as allowed by Marine Corps Order 1900.16.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,    
3/7/2021