DEPARTMENT OF THE NAVY 

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


Docket o: 10124-17 

FEB 11 2019 


Dear : 
This is in reference to your application for correction ofyour naval record pw-suant to the 
provisions of Title I0, United tates Code, section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 7 November 2018. 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 enclosed advisory opinion (AO) was sent to 
you for an opportunity to comment before consideration by the Board. After the period for 
comment expired without a response, the case was presented to the Board. 

The Board carefully considered your desire to remove from your official military personnel file a 
6105 Administrative Remarks (Page 11) entry issued on 25 February 2014 counseling you for 
exhibiting poor judgment by allowing a Marine Corps captain to stay at your residence while on 
convalescent leave. The Board considered your contentions that you intended only to provide 
assistance to Marine in need, that your enlisted leadership encouraged your officer-in-charge 
(OlC) to reprimand you, and that your OIC had no choice but to issue the counseling. You 
contend, too, that the entry is unjust because the perception of an unprofessional and unduly 
familiar relationship did not reflect the reality of the situation. The Board was not persuaded by 
the letter dated 25 November 2017 advocating removal of the contested entry because you 
learned from the situation and were just looking out for a fellow Marine. The Board 
substantially concurred with the comments and recommendation in the AO-in particular, that 
learning from your mistake does not invalidate the entry. The Board also noted that the record 
contained no evidence, and you submitted none, to support your contention that your OIC had no 
choice but to counsel you. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Executive Director