Docket No: 3911-18 
Ref: Signature Date 

Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.  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.  Consequently, your application has been denied.   
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 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, and applicable statutes, regulations and policies.      
 
The Board carefully considered your request to remove the Administrative Remarks (Page11) 6105 counseling entry dated 19 January 2017.  According to the entry, you received the counseling for violating Article 92 (disobeying lawful order) and Article 107 (false official statement) of the Uniform Code of Military Justice (UCMJ) for granting unauthorized absence which circumvented the leave and liberty policy with the intent to deceive the command, for falsifying the official whereabouts of a junior Marine, and for creating a culture that allows a junior Marine to falsify statements.  The counseling stated that you failed to take ownership of your actions and that your actions demonstrated a lack of integrity.  You submitted a written rebuttal in which you explained you had been on leave when the incident occurred and that the allegations against you were based on inadequate evidence.  The Board also considered a statement by your former company commander explaining that he had already punished you for this offense with a non-punitive letter of caution.  The company commander also stated that the command was known for retaliatory behavior against Marines who exercised their due process rights. 
 
The Board considered your contentions and the letter from your former company commander.  The Board, however, noted that, in accordance with MCO P1070.12K CH 1, commanders are authorized to make entries on the Page 11 that are essential to document an event in a Marine’s career for which no other means or method of recording exists.  Although the advocacy letter submitted with your application explained the circumstances that led to the counseling, the Board determined the entry properly documented your deficiencies, and found no error or injustice associated with the facts or recommended remedial actions documented in the Page 11 entry.       
 
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 matters.  New matters are those 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, 
7/20/2019
Executive Director