DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5141-18 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 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 4 June 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 the naval record and applicable statutes, regulations, and policies. The Board carefully considered your desire to remove the counseling entries dated 9 July 2015, 12 August 2015, 11 September 2015, 6 October 2015, 26 January 2016, and 10 February 2016 from your official military personnel file. The Board considered your statement and contention that you were punished at non-judicial punishment (NJP) on 25 November 2014 for consuming alcohol and driving a motor vehicle. Consequently, you were reduced to pay grade E-2 and restricted from promotion to the next higher grade for six-months. Upon termination of the six- month promotion restriction, you were not recommended for promotion for four months while pending legal action for the civil charges. Upon completion of the civil trial, on 10 February 2016 you were again counseled and restricted from promotion to the next higher grade for 12- months. Lastly, you also contend that by receiving Battalion level NJP and receiving a promotion restriction counseling entry, 15 months later for the same incident constitutes double jeopardy and has severely hindered your opportunity for advancement. The Board noted that you were charged and detained for driving while impaired and driving after consuming alcohol under the age of 21 on 16 November 2014. On 25 November 2015, you were the subject of NJP and reduced to E-2. In accordance with the Marine Corps Promotion Manual, Volume 2, Enlisted Promotions (MARCORPROMMAN) you were subsequently placed in a promotion restriction status for six-months. Regarding your desire to remove the counseling entries dated 9 July 2015, 12 August 2015, 11 September 2015, and 6 October 2015, not recommending you for promotion due to pending legal action, per the MARCORPROMMAN, “Marines will not be promoted while…pending adjudication of charges by civil court, foreign or domestic.” The Board determined the counseling entries were not unjust and written in accordance with the Individual Records Administration Manual (IRAM). Regarding your contention that receiving NJP and receiving a counseling entry 15 months later for the same incident constitutes double jeopardy. The Board noted that the 26 January 2016 counseling entry did not recommend you for promotion due to you being in a 12-month promotion restriction status. The 10 February 2016 counseling entry further documented your civil conviction for “driving while impaired” and the period of promotion restriction. The IRAM authorizes commanders to make entries of events in a Marines career that are essential to document. Additionally, the MARCORPROMMAN states “Marines will not be promoted…within 12 months of conviction by military…or civil authorities for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).” The Board determined the issuance of the counseling entry and 12-month promotion restriction does not constitute double jeopardy. Your DUI/DWI conviction was the catalyst for issuing the counseling entry and 12-month promotion restriction. The Board concluded the counseling entries are neither in error nor unjust, thus the contested entries will remain unchanged 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 the submission of new matters, which will require you to complete and submit a new DD Form 149. 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.