Docket No: 5823-19 
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 18 August 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 11 May 2017 Administrative Remarks (page 11) 6105 counseling entry from your official military personnel file (OMPF) and your Command Legal Action (CLA) package.  The Board considered your contentions that administrative actions were taken without a final decision of your guilt and after you advised your command that an appeal was being routed.  You claim that after two years of appeals, on 30 May 2019 the civil court dismissed all charges. 
 
The Board noted that pursuant to paragraph 6105 of Marine Corps Order (MCO) 1900.16 (2015 ed.), the Marine Corps Separation and Retirement Manual (MARCORSEPMAN), you were issued a 6105 entry counseling you for physically controlling a passenger car after consuming alcohol and for being detained, which prevented you from reporting to your appointed place of duty.  The Board also noted that pursuant to MCO 1070.12K, the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled under paragraph 4006.3.p. for your alcohol related misconduct.  The Board determined that the contested entry was written and issued in accordance with the IRAM.  Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action and it afforded you the opportunity to submit a rebuttal.  The Board noted, too, that you refused to acknowledge the entry and thus forfeited your opportunity to submit a rebuttal.  Moreover, your commanding officer signed the entry, and determined that your misconduct was a matter essential to record, as it was his/her right to do.  The Board also determined that your commanding officer was not obligated to postpone administrative actions, the Marine Corps and the civil courts are separate sovereigns, thus your commanding officer is not beholden to the decision of the civil court.   
 
Concerning your request to remove your CLA package, the Board noted that the CLA is an internal Marine Corps database for tracking legal actions.  The Board determined that the CLA database is not your official record or an official source of record, for that reason, there is no action required by this Board.  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.   
 
 Sincerely,