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 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 17 September 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 request to remove the 19 May 2016 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF).  The Board considered your contention that if your commanding officer (CO) knew of your ex-husband’s motive to gain full custody of your daughter by leveraging information about you to your command, you would have not been issued the entry.   
 
The Board noted that the Page 11 entry counseled you for adultery in violation of Article 134, Uniform Code of Military Justice, and that your ex-husband furnished a 20 November 2018 letter in which he claimed that, due to his anger over your recent separation, he used evidence of your adultery as leverage to gain full custody of your daughter.  The Board noted further, however, that your CO’s determination was based upon a preponderance of the evidence, which showed that you committed adultery, and you did not dispute that fact.  Furthermore, the Board noted that the entry creates a permanent record of a matter your CO deemed significant enough to document, and your evidence did not show otherwise.  The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were afforded the opportunity to rebut the counseling, but chose not to.  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 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.