Docket No: 4488-19 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 12 May 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, as well as the enclosed 10 April 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 10 April 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 carefully considered your request to remove your fitness report for the reporting period 3 January 2018 to 2 February 2018. The Board considered your contentions that you were dropped from the Sergeants Course for plagiarism and held to a different standard. You claim that collaboration with peers was permitted when you were assigned to prepare a Combat Conditioning Letter of Instruction, but you were the only individual from your group that was dropped from the course for plagiarism. You also claim that after the course, you were informed that the assignment was an ungraded individual assignment. 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 you were the subject of a student performance evaluation board for plagiarism and you were subsequently dropped from the course. The Board also noted that your reporting official consisted of the course Staff Non-Commissioned Officer, the Course Director, and the Third Officer Sighter was the Director of Enlisted Professional Military Education. The Board determined that your reporting officials acted within their authority and were sufficiently qualified to make the decision to drop you from the Sergeants Course. The Board found no evidence that you were held to a different standard, and you provided none. The Board noted too, that according to the Leading a Combat Conditioning Workout Rubric students will be evaluated individually. Additionally, according to the Collaboration Acknowledgement, the Combat Conditioning assignment is listed under the heading “Collaboration IS NOT Allowed,” thus supporting the basis for your adverse report. Moreover, the Board noted that you agreed with the outcome of the fitness report and you acknowledged that you acted in negligence. The Board thus concluded that there is no 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.