Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 October 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 the 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 a 22 July 2019 Administrative Remarks (Page 11) counseling entry you received for failing to report to your appointed place of duty without notifying your chain of command prior to your absence.  The Board considered your contention that the Page 11 is invalid because it is false and subjective, because your officer-in-charge (OIC) held a personal agenda against you, and because you were not given a chance to speak on your own behalf. 
 
The Board noted that you submitted a two-page written response to your Page 11 counseling entry, listing your disagreements with the counseling and that you submitted an addendum with regards to your adverse fitness report that documented the Page 11.  The Board further noted that you were issued a non-punitive letter of caution on 20 May 2019 for not being at your appointed place of duty, and that a preliminary inquiry into the alleged misconduct found that you failed to follow an order from your OIC on 4 June 2019.  The Board thus determined that your commanding officer’s (CO’s) determination was based upon a preponderance of the evidence, which substantiated your misconduct, and that your CO was within his discretionary authority to issue the Page 11 entry.   
 
The Board determined 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 noted that the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and that you were afforded the opportunity to rebut the counseling.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your official military personnel file. 
 
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, 
  
1/17/2021
Deputy Director