DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8616-17 JAN 03 2018 Dear : This is in reference to your application for correction of your 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 13 December 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, relevant portions of your naval record and applicable statutes, regulations and policies. The Board carefully considered your desire to remove the Administrative Remarks (Page 11/6105) counseling entry of and the corresponding rebuttal statement from our Official Military Personnel File (OMPF). The Board considered your contentions that due to how the Page 11/6105 counseling is written, it does not capture your mistake ofbeing unfamiliar to policy, recognition of an off-limit establishment and proximity to that location, it more so carries weight as ifyou knowingly violated the order and had malicious intent and that the it highlights unsubstantiated accusations and insinuates other allegations ofmisconduct that was unfounded through the Command Investigation. The Board concluded that these factors were not sufficient to warrant the removal ofthe Page 11/6105 counseling entry and corresponding rebuttal statement from your OMPF. In this regard, the Board concludes that the Page 11/6105 counseling was procedurally and administratively correct as written and you did not sufficiently substantiate the existence ofan error or injustice. 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