DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490              

Docket No: 7856-20 
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 3 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. 
 
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 8 February 2019 Administrative Remarks (page 11) 6105 counseling entry and your 11 February 2019 rebuttal statement.  The Board considered your contention that you were falsely arrested for Driving Under the Influence (DUI).  You also contend that there is no evidence that you drunkenly or recklessly operated a vehicle or that you provided a false statement.  You claim that you told your chain of command that you encountered a police officer after leaving a restaurant and were arrested for DUI.  You also claim that your charges were dropped and you were exonerated in civil court.  As evidence, you furnished civil court documents noting that your charges were dismissed with prejudice. 
  
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 DUI of alcohol with a blood alcohol concentration (BAC) of .268 and for giving a false official statement to members of the command when questioned about the incident.  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 further noted your rebuttal statement, in which you admitted to “getting behind the wheel while intoxicated.”  The Board also determined that a conviction in State court is not required to issue a counseling entry and your CO had a sufficient factual understanding of the circumstances to conclude that a page 11 entry was warranted.  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, 
									
8/28/2021
Executive Director