DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 2029-17 
SEP 06 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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 30 June 2017. The names and votes ofthe members of the panel will be furni shed 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 ofyour application, together with all material submitted in support thereof, your 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 record the Administrative Remarks (Page 11) 6105 retention warning, issued on 8 February 2012 due to your conduct being contrary to good order and discipline. The Board considered your argument that the counseling entry is unwarranted because the it was based on allegations that you adamantly deny. You argued that prior to receiving the Page 11, you were found not guilty at a special court-martial, and that the Page 11 was issued to hold you accountable, despite your innocence. You also contended that the Page 11 is dated in February, but you did not receive it until April, and it was not entered into your record until June. Futher, and that it creates an inaccurate picture of you as a Marine and it hinders your ability to advance. The Board determined that removal of the Page 11 entry is not warranted. In this regard, the Board noted that your Commanding Officer was well within his discretionary authority to issue the Page 11 entry, irrespective of being found not guilty at court-martial. The Board also noted that you exercised your right to submit a rebuttal statement, in which you accepted full responsibility for your part in receiving the counseling. The Board did not find that the delay in getting the Page 11 entered into your record warranted an error or injustice and removing it now would be unfair to your peers, against whom you will compete for promotions and assignments. Accordingly, your application has been denied. 

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 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, 

Executive Director