DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1262-19 Ref: Signature Date Dear : This letter is in reference to your application of 28 January 2019 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 19 December 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 your naval record, and applicable statutes, regulations and policies. The Board also considered the enclosed 28 March 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps, Secretariat Branch (SEC). The AO was provided to you on 28 May 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully considered your request to remove your 2 March 2017, Administrative Remarks (page 11/6105) counseling entry and rebuttal from your official military personnel file (OMPF). You also request to remove your Report of Conviction with all endorsements and your fitness report for the reporting period 1 June 2016 to 9 June 2017. The Board considered your contentions that you were not convicted of any charges and your case was withdrawn and dismissed for both the original charge of domestic abuse and the amended charge of disorderly conduct. You assert that the basis of your arrest was accusations by the and not the alleged victim, now your wife, whom states that there was no physical abuse. The Board noted that pursuant to paragraph 6105 of MCO 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 counseling for being arrested and accused of domestic abuse. On 24 May 2016, the civil court amended its charge to disorderly conduct, to which, you plead guilty and were given a deferred disposition with six months’ probation. The Board also noted your 23 June 2016, Report of Civilian Conviction and the 2 November 2016, Commandant of the Marine Corps correspondence, in which he reviewed your Report of Civilian Conviction and determined that the information while adverse does not warrant processing for administrative separation; however, the adverse material concerning this matter will be included in your OMPF. Concerning your contention that you were not convicted of any charges and your case was withdrawn and dismissed for both the original charge of domestic abuse and the amended charge of disorderly conduct. The Board, however, substantially concurred with the AO that you have not provided substantial evidence support your contentions. The Board determined that the misconduct documented in the counseling did in fact occur. The civil courts decision to withdraw your charges after your six months probation, has no bearing on the commanding officer’s (CO) authority to take administrative action against you. The Board further determined that the contested 6105 counseling entry was written and issued in accordance with MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM). Specifically, the entry provided written notification concerning your deficiencies or impairments, addressed specific recommendations for corrective action, where to seek assistance, consequences for failure to take corrective action, and afforded you the opportunity to submit a rebuttal, which you submitted, and your CO signed the entry. Moreover, the entry creates a permanent record of a matter your CO deemed significant enough to document, and as your CO, he was well within his authority to issue the counseling entry. Lastly, concerning your request to remove your adverse fitness report for the reporting period 1 June 2016 to 9 June 2017. The Board determined that you have not exhausted all available administrative remedies. In this regard, you must submit a petition to the Marine Corps Performance Evaluation Review Board (MMRP-13) to request removal of your contested fitness report. The Board thus concluded that 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.