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

Docket No: 1946-19       
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 17 March 2020. 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 19 July 2019 advisory opinion (AO) furnished by Headquarters Marine Corps (JPL), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.
 
The Board carefully considered your request to remove your 21 January 2014 2014 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contention that the entry states that you were found guilty of Articles 92 and 107, Uniform Code of Military Justice (UCMJ), when you were actually found guilty of Articles 92 and 108, UCMJ.  

The Board substantially concurred with the AO that your Page 11 counseling entry “contains an erroneous typo, which is material—it should accurately reflect the correct UCMJ violations, and not peg [you] with a UCMJ Article that [you] did not violate.” 

The Board concluded that correction of your Page 11 entry is warranted, but its removal is not.  The Board determined that you are requesting is an administrative correction, and that you may contact Headquarters, Marine Corps (MMRP) to administratively correct your Page 11 entry, as recommended in theAO.  Also during the Board’s review of your OMPF, it was noted that your OMPF has a duplicate entry of the contested entry.  In accordance with Marine Corps policy, if you have two or more of the same documents in your OMPF, you may contact Headquarters, Marine Corps (MMRP-20) via e-mail (smb.manpower.mmrp@usmc.mil) to have the duplicate documents removed.  In your e-mail, provide your full name and EDIPI, and specifically identify the document(s) and the folders in which the documents reside that are duplicates. 

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,