DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9609-18 Ref: Signature Date 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 8 January 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 also considered the matters you submitted to the Marine Corps Performance Evaluation Review Board (PERB), as well as the enclosed 6 November 2018 advisory opinion (AO) furnished by the PERB, which was previously provided to you. Although you were afforded an opportunity to submit a response, you did not do so. The Board carefully considered your request to remove or correct the fitness reports (FitRep) for the reporting periods of 21 May 2016 to 31 December 2016 and 1 January 2017 to 7 March 2017. The Board considered your contentions that your adverse Annual (AN) FitRep for the reporting period from 21 May 2016 to 31 December 2016 was unjust because it presented an inaccurate depiction of events, your Reviewing Officer’s (RO) comments were unclear, no alternative billet options were offered to you during this time period, and you were never given a 6105 counseling to document your poor performance to justify your adverse FitRep. The Board also considered your contention that the Change of Duty (CD) FitRep for the reporting period from 21 May 2016 to 31 December 2016 was in error because “there were 65 days between reports thus not give [sic] sufficient time to render the report observed or to correct alleged deficiencies.” The Board, however, substantially concurred with the AO and determined that both your AN and CD FitReps were administratively and procedurally correct as written and filed. Specifically, the Board found that (a) your Reporting Senior’s (RS), RO’s, and Third Officer Sighter’s comments were all clear and appropriate, (b) per the Performance Evaluation System Manual (PES), a 6105 counseling entry is not required to justify an adverse FitRep, and (c) you took responsibility for your poor performance bystating, “It is completely my fault for allowing my personal life to directly interfere with the overall performance, quality and consistency of work that is expected of a Staff NCO.” Additionally, the Board noted that your CD FitRep, while less than 90 days, was executed correctly, as your RS invoked the exception to policy in his Section I comment, “I have been able to properly evaluate this Marine despite the period of the report, I was his direct supervisor as the platoon commander,” as required in Chapter 3, paragraph 5.c.3 of the PES. 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.