DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 ED Docket No: 534-18 ~!O'f C 1 2018 Dear This is in reference to your application for correction of your naval record pursuant to the provisions oftitle l 0 of the 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 ofprobable material error or injustice. Consequently, your application has been denied. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 11 July 2018. The names and votes ofthe members ofthe 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 desire to remove from your official military personnel file (OMPF) an Administrative Remarks (Page 11) 6105 counseling entry received on I May 2012 and two promotion restriction counseling entries you received on 8 and 24 April 2013. The Board considered your contentions that ( 1) the charges you were accused ofwere dropped by a general court martial, (2) the Page 11 entry date 8 April 2013 stating "Eligible but not recommended for promotion to Corporal. .." should be removed because you were already a corporal when this Page 11 was issued, and (3) since you were found not guilty for the accused charges that would make you ineligible for promotion, you feel the contested Page 11 entry dated 24 April 2013 should be removed. Additionally, there are duplicate copies of the two Page 11 promotion restriction entries in your OMPF. The Board noted that you failed to provide sufficient evidence that shows that the charges you were accused ofin the general court martial is related to the deficiencies described in the Page 11 6105 counseling. Even supposing, the Board determined that your Commanding Officer was within his discretionary authority to issue the 6105 counseling, and noted that you were properly given an opportunity to comment on the counseling, but elected not to. Although the Board agreed with you that the 1 April 2013 promotion restriction entry erroneously states "corporal" the Board considered this a harmless error not warranting removal ofthe entry. With regard to the duplicate Page 11 entries, your request to have them removed from your OMPF is an administrative matter that can be corrected by Headquarters, Marine Corps (MMRP-20). In accordance with Marine Corps policy, you may contact MMRP-20 via e-mail requesting removal ofduplicate documents at . 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 of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director