DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 818-19    
Ref: Signature Date 

Dear :

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 February 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 February 2015 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contentions that (1) the entry is unjust because it was untimely, given on February 2015 for an incident that occurred on November 2013; and (2) the entry was made before the underlying misconduct was adjudicated in and dismissed by civilian court.  The Board noted, however, that there is no time limit for the entry of a 6105 Page 11 counseling, and, moreover, you were counseled for failing to disclose your arrest to your command, which likely explains the entry’s untimeliness.  The Board also noted that, according to your evidence, the matter was expunged from your records, but you did not provide evidence reflecting the disposition of the charge—that is, whether the charge was dismissed or you were found not guilty.  Either outcome, however, would not affect the validity of the counseling entry, which was for failing to report your arrest to your command.  Furthermore, a judicial dismissal or a finding of not guilty at a criminal trial are not dispositive of the propriety of the Page 11, because, the Board noted, neither outcome means that there was not sufficient evidence for your commander to determine that you committed the misconduct for which you were arrested, charged, tried, and counseled. The Board thus concluded that the evidence you provided is insufficient to demonstrate probable material error or injustice warranting removal of the contested entry.     

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new matters.  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, 



5/17/2019