Docket No: 9889-18 
 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 that 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 27 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 a 28 January 2018 counseling entry.  The Board considered your contentions that the counseling entry is incorrect because you were never the subject of non-judicial punishment (NJP) or a court-marital proving that you violated Article 92 of the Uniformed Code of Military Justice (UCMJ). 
 
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 disobeying the battalion commander’s guidance regarding the approval of terminal leave by authorizing terminal leave for two Marines, and for lacking competence.  The Board further noted your rebuttal statement, in which you admit to being aware of the policy, admitted to approving terminal leave for both Marines, stated that you made an honest mistake, and that you took “full responsibility for [your] actions.”  The commanding officer is not required to impose NJP or a court-martial to issue a counseling entry.  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 there is no 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 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.