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


Docket No: 3142-18 
Ref: Signature Date


Dear

This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 22 February 2019. 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, as well as applicable statutes, regulations, and policies.

The Board carefully considered your request to remove the 6105 counseling entry dated 5 January 2018. The Board considered your contention that the entry was given without a full understanding of the event, and that the counseling entry was not necessary.

The Board noted that you were counseled for being escorted out of a nightclub and throwing your medals from your dress blue alpha uniform, which struck a security guard on the chin. The Board determined that, although the State of Nevada dismissed the charge of battery against you, that civil court decision does not negate a commander’s authority to make 6105 counseling entries of events they deem necessary. The Board noted that in your rebuttal, you took full responsibility for your actions and used “this experience to ensure [you] educate the Marines and Sailors under [your] charge so that it may serve as a learning opportunity.” The Board determined that the counseling entry was written in accordance with the Individual Records Administration Manual.  Under the totality of the circumstances, the Board in its review discerned no probable material error or injustice in the 6105 counseling entry. The Board concluded that the counseling entry is valid and was issued consistent with regulations, and determined that it (and your rebuttal) should remain in your record.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new matters. New matters are those not previously presented to or 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,