DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
             
Docket No: 3123-19                                                           
Ref: Signature Date 

This letter is in reference to your application of 24 January 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 July 2018 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contention that all of your tattoos were obtained and documented prior to the change of the Marine Corps tattoo policy in 2016, and that you were advised that you had sufficient documentation in your record, and did not need an additional Page 11 entry, as directed by MC Bulletin 1020 of 2 June 2016. 

The Board noted that the Marine Corps did a mass “grandfathering” of non-compliant tattoos, and individuals who were not in compliance with the policy had 120 days, until 30 September 2016, to document the tattoos on a Page 11, and that the Page 11 shall be filed in the Marine’s OMPF.  The policy required commands to “provide measurements of the size (in inches) of the tattoos, locations of the tattoos, description, and the date the tattoos were verified on the NAVMC 118(11) entry,” that the Marine will sign the entry, verifying the information is correct, and that the appropriate command representative will also attest to and sign the entry. 

The Board noted that your non-compliant tattoos were waived (approved) during your screening for recruiting duty.  The Board determined, however, that the measurements, locations, description, and the date the tattoos were verified was not documented in your OMPF, as required by the 2 June 2016 Bulletin.  The Board determined that the contested Page 11 counseling entry accurately documents your violation of Article 92, Uniform Code of Military Justice (which was previously waived).  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF. 

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, 

4/20/2020