Docket No: 10903-19
Ref: Signature Date 


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 19 January 2021.  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, as well as the 19 November 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 19 November 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your fitness report for the reporting period 1 April 2017 to 25 May 2017.  The Board considered your contentions that your reporting senior (RS) relieved you from your recruiting duties due to bias, and although your RS noted that your allegations were substantiated, you were actually relieved for loss of faith and confidence that had nothing to do with your allegations.  You claim that the investigating officer recommended that you receive non-judicial punishment (NJP), but you did not receive NJP because you requested a court-martial, and since there wasn’t enough evidence, your commanding officer (CO) used his power to relieve you, proving he was biased against you.  You also claim that a recruiter heard your CO make statements that he was going to get rid of you anyway possible.  As evidence, you furnished a statement from that recruiter. 
 
The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed.  In this regard, the Board noted that your command investigation substantiated the allegation of recruiter malpractice, on 25 May 2017 you were issued a 6105 page 11 entry notifying you of your relief for cause, and you chose not to submit a rebuttal.  The Board also noted that your RS provided sufficient justification for your adverse marks, your RS noted in section I that you received derogatory material documenting your relief for cause, and your reviewing officer concurred.  The Board determined that based upon your substantiated allegations and page 11 entry, the adverse nature of your fitness report is valid.  The Board also determined that your reporting officials prepared and submitted your contested fitness report according to Marine Corps Performance Evaluation System Manual guidance.  Further, the Board found your evidence insufficient to conclude that your CO was bias or that he acted in a manner that is contrary to Marine Corps regulations.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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,