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

Docket No: 1250-20 

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 2 March 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. 

The Board carefully considered your request to remove your 2 July 2018, Administrative Remarks (page 11) counseling entry and fitness report for the reporting period 18 May 2018 to 15 July 2018. The Board considered your contentions that your page 11 entry was unjust because there was no investigation. You claim that you filed an equal opportunity (EO) complaint against the originator of the complaint against you and your commanding officer (CO) agreed that you were being targeted and removed you from the chow hall. You also claim that following the news that you filed a complaint and were being removed from your section, you received the contested page 11 entry and adverse fitness report. As evidence, you furnished a timeline of events and witness statements. 

The Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual you were issued a 6105 entry counseling you for providing a false statement and for being disrespectful. The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entry was written and issued according to the IRAM. 

Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, the consequences for failure to take corrective action and it afforded you the opportunity to submit a rebuttal. Moreover, your CO signed the entry, and determined that your misconduct was a matter essential to record, as it was his/her right to do. The Board also noted your statement and evidence. However, the Board found no evidence that you were targeted or that your chain of command acted contrary to regulations and you provided none. Moreover, the Board determined that the IRAM does not require an investigation to issue a page 11 entry. 

Concerning your request to remove your fitness report for the reporting period 18 May 2018 to 15 July 2018. The Board determined that you have not exhausted your administrative remedies. The Performance Evaluation Review Board (PERB) is the initial action agency for fitness report appeals, therefore, you must submit your request to the PERB according to the Marine Corps Performance Evaluation Appeals Manual. 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, 
3/17/2021 

2