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.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 3 November 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 26 February 2019 Administrative Remarks (Page 11) counseling entry you received for violation of Article 134 of the Uniform Code of Military Justice (UCMJ), in that on 13 February 2019 you were accused of intimate partner abuse.  You acknowledged (signed) the entry and submitted a rebuttal.  The Board considered your contention that the Page 11 is invalid because a Preliminary Inquiry (PI) found that you did not commit a family violence crime and the PI report dated 24 August 2019 recommended that the Page 11 be expunged from your official military personnel file (OMPF).  
 
The Board noted that your commanding officer’s endorsement of the PI dated 12 September 2019 stated that a copy of the PI report will be included along with the Page 11 in order to provide context and that no further administrative action would be taken against you.  The Board determined that the Page 11 documents the action taken by the Marine Corps as a result of your civilian charge of battery.  The Board thus concluded that the Page 11 and the PI report shall remain in your OMPF. 
 
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,