DEPARTMENT OF THE NAVY 

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

Docket No: 3163-17 
OCT 09 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, United States Code,§ 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 ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 1 June 2017. 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, your naval record, and applicable statutes, 
regulations, and policies. 

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 to 
remove your Page 11 counseling entry dated 29 January 2003 and the rebuttal statement 
submitted in response to the counseling. The Board considered your statement and contentions 
that your personal problems, which included marital problems with your pregnant wife and the 
unexpected death of your brother, were life events that you overcame as a Lance Corporal and 
are not relevant to the Marine you are today. The Board also considered your combat service 
and attainment of the grade of Staff Sergeant. The Board determined you were properly 
counseled on 29 January 2003. The Board also noted you exercised your right to submit a 
written rebuttal which was properly filed in your official military personnel file. 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director