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

Docket No: 5668-18
Ref: Signature Date 

This 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 20 August 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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to correct your official military personnel file by removing the counseling entry dated 24 February 2017.  The Board considered your contention that the counseling entry documents tattoos that you do not have.  The entry states that you have two tattoos on your left upper arm and right upper arm that are not incompliance with the current tattoo policy.  You provided photos of what you state are your tattoos, including one of the word “family” on the forearm and one that appears to by a Mayan calendar on the upper arm. 

The Board reviewed the contested counseling entry and documented tattoos.  The Board noted that the counseling entry contains your name, your EDIPI, and what appears to be your signature.  The Board examined the photos, but found no evidence to support the identity of the individual in the photos, nor was there a letter from your command confirming the counseling was in error.  Absent such additional supporting documentation, the Board determined the evidence was insufficient to warrant removal of the counseling entry.  

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. 

Sincerely, 


10/7/2019