DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7514-20 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 20 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 30 July 2020 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement. The Board considered your contentions that you page 11 entry centers on the result of a command investigation and relied heavily on the Investigating Officer’s (IO’s) opinion. You also contend that the entry was used as a punitive tool since the evidence did not support a criminal charge. You claim that you did not have an intimate relationship with the spouse of another Marine, the spouse’s husband made accusations that he saw you and his wife making out because he did not want to pay support, and the taped recordings by the private investigator were potentially fabricated by your wife because she had access to your phone and passwords and she had a motive to make you look bad. You also claim that you allowed the Marine’s spouse to live at your home when the spouse and her husband were having problems. As evidence, you furnished correspondence from the aforementioned spouse. 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 exhibiting poor judgement and a lack of integrity by engaging in an intimate relationship with the spouse of another Marine and providing the IO with misleading responses to questions about the relationship. 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 also determined that your CO had a sufficient factual understanding of the circumstances to conclude that a page 11 entry was warranted. The Board further determined that there is no standard of proof required to issue a page 11 entry, your CO need only to determine that a minor disciplinary infraction occurred and that you should be given an opportunity to overcome your deficiency. 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, 8/9/2021 Executive Director