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

Docket No: 294-19 
Ref: Signature Date

Dear	:

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the Board found 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 for Correction of Naval Records, sitting in executive session, 
considered your application on 6 February 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 carefully considered your desire to remove an Administrative Remarks (Page 11) 
6105 counseling entry dated  January 2016 from your official military personnel file (OMPF). 
The Board considered your contentions that (1) the contested entry is unjust because it was 
created prior to the conclusion of your civilian court proceedings, where all charges were 
dismissed; and (2) the entry will affect your future promotions, has caused unnecessary delay in 
the processing of your reenlistment, and continues to cast an unfavorable light on your morals 
and character. The Board noted, however, that in civilian court, you entered into a pre-trial 
diversion program and complied with the court's order to pay a pre-trial diversion fee of
$302.00. Therefore, the Board determined that, although the charges were dismissed, the civilian 
court actions were tantamount to findings of guilt under the Uniform Code of Military Justice 
(UCMJ), which would not invalidate the entry documenting an incident that occurred.
Regarding your second contention, the Board noted that, because the entry is neither in error nor 
unjust, the potential consequences you allege are likewise neither in error or unjust. The Board 
thus concluded that the evidence is insufficient to support your contentions of probable material 
error or injustice warranting removal of the contested entry.

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously 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,



4/11/2019
Executive Director




































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