DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 7853-20                                                                                                                         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 17 August 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 19 January 2018 Administrative Remarks (page 11) 6105 counseling entry and fitness report for the reporting period 13 November 2017 to 8 February 2018.  The Board considered your contention that your charges for driving under the influence (DUI) were dismissed in civil court on 25 January 2019.  You claim that your page 11 entry and fitness report are not an accurate reflection of your record and will lead promotion board members and future reporting officials to believe that you were convicted of DUI.    
 
The Board, however, determined that your page 11 entry is valid.  In this regard, the Board noted that pursuant to the Marine Corps Separation and Retirement Manual, you were issued a page 11 entry counseling you for the drunken operation of a vehicle with a blood alcohol concentration (BAC) .08 percent or above.  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 noted, too, that your DUI charge was reduced pursuant to your plea for guilty to a lesser charge and also determined that the State court decision does not invalidate your CO’s determination that your page 11 entry was warranted.   
 
Concerning your request to remove your fitness report for the reporting period 13 November 2017 to 8 February 2018, the Board determined that you have not exhausted your administrative remedies.  The Performance Evaluation Review Board (PERB) is the initial action agency for fitness report appeals, therefore, according to the Marine Corps Performance Evaluation Appeals Manual you must submit your request to the PERB.  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, 
8/30/2021
Executive Director