DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6722-19 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 15 September 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 August 2018 Administrative Remarks (Page 11) counseling entry from your official military personnel file (OMPF). The Board considered your contention that you received the counseling because your ex-wife wrongly accused you of having an improper relationship with a fellow non-commissioned officer (NCO). You assert that there was no evidence to suggest that you were fraternizing with another Marine, and that your ex-wife’s accusations of abuse also contributed to you receiving the entry. The Board noted that you were issued the contested Page 11 entry counseling you for violation of Article 92, Uniform Code of Military Justice for failure to obey an order or regulation, specifically, fraternization, and wrongfully engaging in an inappropriate relationship with a subordinate female NCO, not your spouse. You submitted a written rebuttal and denied the accusations. In your rebuttal, you asserted that you were mentoring the NCO from another section because her sergeants would not help her, that you did not give any Marine special treatment, and that you take pride in training and mentoring your junior Marines and peers. You also submitted as evidence an Incident Determination Committee letter regarding the allegations of adult emotional maltreatment by you against your then-spouse, and the committee’s “did not meet criteria” finding. The Board, however, determined that it was within your commanding officer’s discretionary authority to issue the counseling, based on a preponderance of the evidence before him. The Board determined that the counseling entry creates a permanent record of a matter your commanding officer deemed significant enough to document, and your evidence did not prove otherwise. The Board also determined that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, indicating any assistance available. You were afforded the opportunity to rebut the counseling, and your rebuttal is also filed in your OMPF. The Board thus concluded that the record does not constitute 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, 10/26/2020 Deputy Director