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 14 July 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 11 April 2016 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contention that the Page 11 is incorrect because there was no “incident” on 10 October 2015, but instead, it occurred on 7 October 2015.  The Board also considered your contention that the Page 11 does not do you justice by the way it is written, and when read quickly, it does not take into account your innocence in the matter.  You assert that the Chairman, Incident Determination Committee (IDC), letter of 6 January 2016 proves that the allegations against you were falsified and the incident should never have been recorded in your OMPF. 
 
The Board noted that the Page 11 was issued after you were involved in a domestic incident that resulted in an investigation, which determined that you physically restrained your spouse.  You acknowledged (signed) the entry and chose not to submit a rebuttal.  The Board also noted that, although the IDC found that you did not meet criteria for spousal maltreatment, you were recommended for the Men’s Educational Program Track B, anger management, and individual counseling.  Additionally, the IDC’s finding that you did not meet criteria for spousal maltreatment does not prove that the allegations against you were falsified. 
 
The Board determined that the Marine Corps Family Advocacy and General Counseling Program (MCO 1754.11) prohibits commanders from taking administrative or disciplinary action against a service member based solely upon an incident status determination (ISD) for an act of domestic abuse committed by that service member.  In fact, the Order requires commanders to proceed with administrative and / or disciplinary actions as appropriate prior to receipt of incident determination committee decisions.  Further, the Board determined that, pursuant to the Marine Corps Individual Records Administration Manual (MCO P1070.12K), commanders may issue a Page 11 counseling regarding matters forming an essential and permanent part of a Marine’s military history, which are not recorded elsewhere in the OMPF or Marine Corps Total Force System (MCTFS), and which will be useful to future commanders.  The Board thus concluded that your commanding officer was within his discretionary authority to issue the Page 11 counseling, and that you have not demonstrated 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,