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

 Docket No: 7327-18 

 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 
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 and applicable statutes, regulations and 
policies. 

The Board carefully considered your request to correct your official military personnel file by 
removing an 8 March 2018 counseling entry. The Board considered your statement and 
contentions that during the time of the incident there were no standing or special orders 
restricting the consumption of alcohol. Further, your actions while intoxicated were not 
prejudicial to good order and discipline, nor did your actions bring discredit upon the armed 
forces. It is your assertion that your statements to the commanding officer and medical officer 
were accurate based on the knowledge you had at the time. 

The Board determined that in accordance with the Individual Records Administration Manual 
(IRAM), the counseling entry is administratively and procedurally correct as written. The Board 
noted that you received the contested counseling entry for providing a false statement to the 
commanding officer. Specifically, your statement that “I injured my head when I slipped on 
stairs due to inclement weather.” You also provided a false statement to the medical officer, “I 
injured my head when I slipped while running this weekend.” In addition to uttering two false 
statements, you were counseled for being drunk and disorderly. The Board also noted your 19 
July 2018 rebuttal, in which, you state, your actions concerning the incident were completely out 
of line and out of character and that the incident was isolated and by no means defines your 
character or morals, and your acts from that point forward will be above reproach. The Board 
further noted that you did not deny any of the statements contained in the counseling entry and 
admit your actions were inappropriate. The Board determined that in accordance with the 
IRAM, Commanding Officers are authorized to make entries of events they deem essential to 
document. In this regard, the Board determined that the Commanding Officer was within his 
authority to document your misconduct and issue the counseling entry. The Board thus 
concluded the contested counseling entry is not probable material error or injustice warranting 
corrective action. 

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, 
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.