Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.    
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 11 February 2021.  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 your naval record and applicable statutes, regulations and policies.   
 
A review of your record shows that you entered active duty with the Marine Corps in January 2012.  You were arrested for driving under the influence of alcohol on 16 June 2013 that resulted in the imposition of non-judicial punishment on 26 June 2013.  The unit punishment book documents your non-judicial punishment on 26 June 2013 but your Commanding Officer’s acknowledgement that you were informed of your rights was signed on 28 June 2013 and your punishment was entered on 2 July 2013.  Additionally, you were assigned two Page 11 counselling statements on 2 July 2013.  The first counselling statement erroneously states that you were not recommended for promotion for 12 months.  The second counselling statement corrects the error and changes the promotion probation period to six months.  Both counselling statements recommend you don’t use illegal drugs in addition to refraining from committing alcohol related misconduct. 
 
The Board carefully considered your arguments that the Unit Punishment Book entry documenting your non-judicial punishment and Page 11 counselling statements regarding the misconduct be expunged from your record due to administrative errors.  Unfortunately, the Board disagreed with your rationale for relief.   
 
In reviewing the documents related to your 2013 misconduct, the Board concluded the errors you allege are minor administrative discrepancies that are harmless in nature since those documents accurately record your 2013 misconduct or non-judicial punishment.  The Board concluded that the date your Commanding Officer acknowledged informing you of your rights was not material to whether you were actually informed of your rights since you acknowledged on the same form that you received your rights on 26 June 2013.  Further, the date your punishments were recorded in the Unit Punishment Book was not material to whether those punishment were accurately documented since you provided no evidence that your punishments were inaccurately documented.  Absent evidence that an actual error exists in the documenting of your misconduct and punishment, the Board found no basis for removing the Unit Punishment Book entry.  
 
Regarding your assertions of error with the 2 July 2013 Page 11 counsellings, the Board concluded the preponderance of the evidence did not support relief.  The Board did not find any error or injustice with your command counseling you not to use illegal drugs in addition to abusing alcohol.  Since it is not uncommon for service members to abuse drugs in cases when alcohol abuse occurs, the Board determined it was reasonable for your command to counsel you to avoid illegal drug use.  Further, the Board found no error or injustice with the command correcting the period of withdrawal of your promotion recommendation from 12 months to six month.  The fact the correction was not initialed was determined not to affect the validity of the administrative change since you agree that the command made the appropriate correction when reissuing the Page 11 counseling.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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.   
 
Sincerely,