DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5280-16 Dear , This is in reference to your application for correction ofyour naval record pursuant to the provisions oflO U.S.C. 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 16 February 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The advisory opinion provided in HQMC memo 1070 MIQ dated 28 November 2016 was sent to you on 6 December 2016 for an opportunity to comment prior to being considered by the Board. After the 30 day period for comment expired without a response, the case was presented to the Board. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. The Board noted that the page 11 counseling entry was written in accordance with MCO P1070.12K and you chose not to submit a written rebuttal. Your contention is that the page 11 counseling entry given was not within the guidelines and you deny initialing the election to submit a rebuttal. The Board could not find any evidence that supports your claim as to your denial ofinitialing the page 11 counseling and noted that you did not deny signing the page 11 counseling. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. Sincerely, Executive Director