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

Docket No: 2774-19 
Ref: Signature Date 

Dear

This letter is in reference to your application of 27 February 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 24 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 carefully considered your request to remove your 17 May 2018 Administrative Remarks (Page 11) counseling entry and rebuttal, and to remove your official photograph.  The Board considered your contentions that the contents of the Page 11 entry are not true, and that it was issued because your command did not like you and wanted to hurt you.  The Board also considered your contention that no one respects your rebuttal to the Page 11, and that your command hates you for it.  You assert that the issue at hand was too politically correct, and that you were facing retaliation, anger, hackling, threats, and disrespect.  The Board also considered your assertion that you do not like photograph and would like to have it removed from your record.

The Board noted that you were counseled and issued the entry for violation of the Uniform Code of Military Justice (UCMJ), Article 134 (disloyal statements).  You acknowledged the entry and chose to submit a written rebuttal, and your rebuttal was inserted into your official military personnel file (OMPF). 

The Board determined that the entry creates a permanent record of a matter your commanding officer deemed significant enough to document, and your contentions and evidence did not prove Docket No: 2774-19 otherwise. The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning deficiencies, specific recommendations for correction action indicating the available, comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were also afforded the opportunity to rebut the counseling, and that rebuttal is included in your record.  The Board thus concluded that the contested entry does not constitute probable material error or injustice warranting corrective action. 

With regard to your request to remove your photograph from your OMPF, the Board noted that, pursuant to MCO P1070.12K and MCO P1400.32D, official photographs are required prior to the convening of selection boards.  The Board determined that your photograph was entered into your OMPF in accordance with Marine Corps policy, and that it does not depict any erroneous information.  The Board concluded that your photograph is not in error and that its removal is not warranted due to your dissatisfaction of its appearance.
 
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,