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

Docket No: 8498-20 
Ref: Signature Date 
 
PFC 

Dear Private First Class : 
 
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 7 September 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, as well as the 28 January 2021 advisory opinion (AO) furnished by the Headquarters, Marine Corps Military Personnel Law Branch (JPL).  The AO was provided to you on 2 February 2021, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your 17 March 2020 Administrative Remarks (page 11) counseling entries.  The Board considered your contention that your administrative separation board found no findings regarding the allegations for violating Article 112a, Uniform Code of Military Justice (UCMJ) and recommended that you be retained.   
 
The Board, however, substantially concurred with the AO that your page 11 entries are valid.  In this regard, the Board noted that pursuant to the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 page 11 entry, properly counseling you for your suspected involvement in the distribution, possession and/or use of illegal narcotics after being apprehended by the Criminal Investigative Division (CID).  The Board determined that the contested entry was written and issued according to the MARCORSEPMAN.  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, the consequences for failing to complete your enlistment with an honorable characterization of service, 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 noted that pursuant to the Marine Corps Enlisted Promotion Manual you were not recommended for promotion because of your involvement in an illegal drug incident.  The Board noted, too, that your page 11 entries did not reference your administrative separation board and determined that the findings of your administrative separation board have no bearing on your CO’s determination that your page 11’s were 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,
9/21/2021
Executive Director