Docket No: 8672-19
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 27 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 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 1 May 2015, 8 June 2015 and 9 June 2015 Administrative Remarks (page 11) counseling entries.  The Board considered your contention that the process was done incorrectly.  As evidence, you provided your “PersTempo” Report noting an additional assignment from 24 April 2015 to 28 May 2015. 
 
The Board noted that you were issued a page 11 entry counseling you for removing a counseling from your training jacket and two page 11 entries notifying you that you were not recommended for promotion to corporal (Cpl/E-4) for the months of June and July 2015.  The Board also noted that you did not chose to make a statement in rebuttal to any of your entries.  The Board determined that your choice not to submit a statement indicates that you understood the basis for your entries.  The Board also determined that your contested entries were written and issued in accordance with the Marine Corps Individual Records Administration Manual (IRAM) and Marine Corps Enlisted Promotions Manual.  Specifically, you were provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, stated the reason you were not recommended for promotion, the entries afforded you the opportunity to submit a rebuttal, and you acknowledged the entries.  Moreover, the entries were signed by your commanding officer, and he/she determined that your misconduct was a matter that was essential to record, as it was his/her right to do.  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,