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

Docket No: 8873-20 
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 21 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.
 
The Board carefully considered your request to remove your 25 April 2019 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement. The Board considered your contentions that your page 11 entry was issued out of bias, multiple parties were involved in the incident, but you were the only one to receive a negative counseling. You also contend that your page 11 entry contains false statements, a Marine confessed to stealing the case that contained the Personal Identifiable Information (PII), and the command did not investigate the incident. As evidence, you furnished statements from witnesses that overheard the Marine’s confession.
 
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 (MARCORSEPMAN), you were issued a page 11 entry counseling you for failing to oversee the movement of PII resulting in PII being lost and compromised during your battalion’s post relocation. The Board also noted that you were properly counseled and 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 failure 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 performance was a matter essential to record, as it was his/her right to do. The Board noted, too, that you took full responsibility for your lapse in judgment and accountability. The Board also determined that your CO had sufficient knowledge of the facts to determine that your page 11 entry was warranted. The Board found no evidence of bias or that you were singled out and you provided none. The Board found your evidence insufficient to warrant removal of your page 11 entry. 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, 
10/1/2021