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

Docket No: 4992-18 

 Ref: Signature Date 

Dear: 

This 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 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 
9 July 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, the enclosed 5 June 2018 advisory 
opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, a copy of 
which was sent to you, and applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your fitness report for the reporting 
period 1 October 2015 to 11 December 2015. The Board considered the advocacy letter from a 
subsequent reporting senior (RS) and your contention that the fitness report was improperly used 
as a counseling tool. 

The Board, however, substantially concurred with the AO that the fitness report is 
administratively and procedurally correct. The Board noted that, on 11 December 2015, you 
received a 6105 Page 11 counseling entry for your disrespect toward the Deputy Director of 
Protocol by interrupting and arguing with her in the presence of your officer-in-charge and other 
Marines, including a corporal, as she attempted to correct you. The Board noted, too, that in 
your rebuttal to the Page 11 entry, you acknowledged that your “actions and . . . approach may 
not have been appropriate towards the Deputy Director.” The Board determined that, because 
the counseling entry was in accordance with the requirements and limitations of paragraphs 4-
3f(2)(a)3 and 4-3f(2)(c) of the Marine Corps Performance Evaluation System Manual, the entry 
properly constituted derogatory material, rendering your fitness report properly adverse. The 
Board determined, too, that, contrary to your assertion and that set forth in the advocacy letter 
you submitted, your fitness report was not used as a counseling tool. The Page 11 entry properly 
counseled you; your non-observed fitness report, in contrast, merely documented that you were 
the subject of derogatory material (the Page 11 entry) and noted the circumstances of the 
derogatory information. The Board thus concluded that the contested report does not constitute 
probable material error or injustice, and, therefore, that corrective action is not warranted. 

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.