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.     
 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 2 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.  The Board also considered the 20 August 2020 advisory opinion (AO) furnished by Headquarters Marine Corps Military Personnel Law Branch (JPL), which was previously provided to you and your rebuttal to that opinion dated 25 August 2020. 
 
The Board carefully considered your request to remove from your official military personnel file (OMPF) an Administrative Remarks (Page 11) counseling of 13 March 2019 and a Report of Misconduct (ROM) of 21 March 2019 and any adverse material related to your ROM.  The Board considered your contentions that the Page 11 and ROM are invalid as both include unsubstantiated allegations that contradict the command investigation and both were used as reprisal for your refusal to extend your tour.   
 
The Board noted that the Page 11 is factually accurate and that the command did not consider the failure to disclose foreign contacts allegation in the ROM.   The Board further noted that the command investigation’s factual findings contained sufficient evidence for your command to conclude that you committed adultery.  The Board concurred with the AO that there was insufficient evidence to support your contention of reprisal.  The Board thus concluded that the evidence provided does not overcome the presumption of regularity to prove that the Page 11 and ROM contained material errors of injustice warranting removal from 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,