DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 2220-19                                                           
Ref: Signature Date 

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 18 February 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 carefully considered your request to remove your 4 June 2014 Administrative Remarks (Page 11) 6105 counseling entry and rebuttal statement from your official military personnel file (OMPF).  The Board considered your contention that the counseling incorrectly references the sexual assault policy for posting inappropriate jokes on your private Facebook page.  You admit that the jokes were in poor taste, but argue that you did not violate the community standards of Facebook, and that you actually violated MARADMIN 181/10, the Marine Corps social media guidelines. 

The Board noted that, pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16, the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 Page 11 entry counseling you for a Facebook post containing comments and photos that condone criminal behavior, denigrate women, insult African Americans, and offend members of the Jewish community.  The Board determined that the contested 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, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action, it afforded you the opportunity to submit a rebuttal, and your commanding officer (CO) signed the entry.  The Board also noted that, in accordance with MCO 5354.1E, the Marine Corps Prohibited Activities and Conduct Prevention and Response Policy, your CO was responsible for monitoring incidents that would result in discord among Marines, including incidents with racial, sexual, and ethnic overtones.  Further, the Board determined that 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.  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 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, 

3/25/2020