Docket No: 5331-19                                                                                                                           
Ref: Signature date 
 

Dear : 
 
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 7 January 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 15 July 2016 Administrative Remarks (page 11) 6105 counseling entry and rebuttal from your official military personnel file (OMPF).  The Board considered your contention that the counseling stated that you were in violation of the liberty policy, but did not state the basis.  You also contend that the   liberty policy states that military members subject to curfew must be on a US. Military installation.  In your rebuttal, you assert that a Marine told you he was on  and could not return before midnight.  Since your count was not due until 0730 the next morning, you instructed the Marine to report to you at 0630 to avoid conflict at the entry point, and you simply tried to look out for your Marine.  You submitted as evidence, the  Regulations in , which states: 
 
“Military personnel, including those who are in a TDY/TAD, leave, deployed or pass status in , in the grade of E-5 and below are subject to curfew between the hours of 0100 and 0500 regardless of liberty card status.” 
 
“(2) During curfew hours, military members subject to curfew must either be: 
(a) on a U.S. military installation; 
(b) off the installation in the service member’s private residence” 
 
The Board determined that the contested entry was written and issued in accordance with MCO 1070.12K (Marine Corps Individual Records Administration Manual)--specifically, the entry provided written notification concerning your deficiencies/impairments, addressed specific recommendations for corrective action, where to seek assistance, consequences for failure to take corrective action, and afforded you the opportunity to submit a rebuttal, and your Commanding Officer (CO) signed the entry.  The Board noted that pursuant to paragraph 6105 of MCO 1900.16 (Marine Corps Separation and Retirement Manual), you were issued a 15 July 2016, 6105 counseling for failure to report a liberty violation concerning one of your Marines, and for demonstrating a lack of judgement.  The Board found no evidence, and you provided none, that your Marine was actually on a U.S. military installation as he stated, and thus was not in violation of the liberty policy.  
The Board noted that you did not verify the Marines’ location and that you admittedly withheld information by not reporting the Marines’ absence to the chain of command.  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 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.