DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No: 2798-19                                                             
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 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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your 2 September 2016 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contention that you were issued a 1 June 2010 Page 11 entry documenting your tattoos prior to receiving the contested Page 11, and that the contested Page 11 is misinterpreted as derogatory in nature as it is currently written, and that it does not include any additional information from your 1 June 2010 entry. 

The Board reviewed both Page 11 entries and determined that, contrary to your contention that your 2 September 2016 Page 11 does not include any additional information from your 1 June 2010 entry, your 1 June 2010 entry documented only four tattoos that were not in compliance with the Marine Corps tattoo policy, and your 2 September 2016 entry documented five tattoos that are not in compliance with the Marine Corps tattoo policy.  The Board also determined that your 2 September 2016 Page 11 was written in compliance with MC Bulletin 1020 of 2 June 2016, and that it is not derogatory in nature.  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.

Sincerely,


4/22/2020