DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1888-17 DEC 28 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on l November 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allygations 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, relevant portions ofyour naval record and applicable statutes, regulations and policies. The Board, in its review ofyour entire record and application, carefully considered your desire to remove from your official military personnel file the Administrative Remarks (Page 11) 6105 entry you received. The Board considered your contention that the sole justification for the counseling entry was due to an Incident Determination Committee (IDC) determination that allegations against you met criteria, and that the entry is therefore in violation ofMarine Corps policy. The Board found the evidence was insufficient to establish the existence ofprobable material error or injustice, and removing the Page 11 entry is not warranted. In this regard, the Board noted that commanders may take disciplinary or administrative action based on legal or other appropriate advice independent ofthe IDC. The Board determined that there is insufficient evidence that your Commanding Officer's sole justification for the counseling entry was due to the IDC determination. Further, the Board determined that your Commanding Officer exercised his discretionary authority to issue the retention warning and that the entry is valid. Accordingly, your application has been denied. It is regretted that the circumstances ofyour 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 ofprobable material error or injustice. Sincerely, Executive Director