DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490 
 
 
 
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 29 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 8 August 2016 Administrative Remarks (Page 11) 6105 counseling entry.  The Board considered your contention that the entry is inaccurate, it was issued before the conclusion of your civilian court case, and that the case resulted in all charges being dismissed.  The Board also considered your assertion that you were advised by a military attorney to not sign your Page 11 entry in order to convey the inaccuracy to your leadership.  You also contend that you did not realized that this Page 11 was entered into your official military personnel file (OMPF), and if not for this Page 11, you would have an outstanding record. 
 
The Board noted that you were counseled for your civilian arrest and for being charged with first degree assault, intoxicated disorderly conduct, and for giving a false name upon arrest and subsequently charged with first degree obstruction of justice.  The Board also noted that, pursuant to MCO 1070.1K, when a Marine acknowledges (signs) a Page 11 counseling entry, it only indicates that the counseling occurred, and does not indicate concurrence with the contents of the entry.   
 
The Board noted that your commanding officer did not issue you a 6105 (administrative separation) counseling entry, but, pursuant to MCO 1070.12K, did counsel you regarding a matter forming an essential and permanent part of your military history, which will be useful to future commanders.  The Board determined that by refusing to sign the entry, you forfeited your best opportunity to refute the contents of the entry by submitting a written rebuttal.  The Board noted that you paid your civilian court costs and filed a letter of apology.  The Board thus determined that dismissal of your case does not equate to innocence, and that your evidence did not substantiate the contents of the Page 11 entry are inaccurate. 
 
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 attachés 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,