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

Docket No: 8919-19        
Ref: Signature date 

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 21 April 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, as well as applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your 24 January 2018 Administrative Remarks (Page 11) 6105 counseling entry from your official military personnel file (OMPF).  The Board considered your contentions that no military actions should have been taken or recorded because the civilian court judge determined that you acted in self-defense, that you paid court costs and fines, and that charges against you were dropped 

The Board noted that you were arrested by civilian authorities for discharging a firearm, disturbing the peace, and trespassing.  Additionally, three counts of aggravated assault were filed against you by the plaintiff but were later dropped.  Contrary to your assertion that the judge determined that you acted in self-defense, the record indicates that you pleaded no contest, the court accepted your plea, and that the violations were non-adjudicated.  You were placed on a period of probation for six months, and the court imposed fines of $500 and $100. 

With regard to your contention that no military actions should have been taken or recorded, the Board determined that the counseling entry creates a permanent record of a matter your CO deemed significant enough to document, and your evidence did not prove otherwise.  The Board also determined that the entry met the 6105 counseling requirements detailed in MCO 1900.16 (MARCORSEPMAN).  Specifically, the Board noted that the entry provided written notification concerning your deficiencies, specific recommendations for correction action indicating any assistance available, a comprehensive explanation of the consequences of failure to successfully take the recommended corrective action, and a reasonable opportunity to undertake the recommended corrective action.  You were afforded the opportunity to rebut the counseling, and that rebuttal is included in your record.  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, 

4/27/2020