Docket No: 1542-20 
 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 9 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, as well as the 10 February 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 10 February 2020, 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 1 January 2016 to 31 August 2016, and your 18 August 2016 Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contentions that your section I notes that multiple written counselings received during the reporting period.  However, you only received one non-punitive letter of caution (NPLOC) during June 2016 and one page 11 entry issued via email without a formal counseling.  You also contend that your fitness report was received six weeks after reporting to your next duty station, with no formal counseling, your fitness report was rendered adverse based on your contested page 11entry, and your counseling statements are inaccurate and unaccounted for.  
 
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 reporting senior (RS) provided justification for your adverse marks according to the Marine Corps Performance Evaluation System (PES) Manual.  The Board also noted your section I statements, that “Despite multiple counselings and training opportunities. . .” you made a conscious decision not to take corrective action with resulted in a loss of trust and confidence, and the Direct Comment, “On 20160818 MRO received a 6105 for being relieved of his duties. . .”  The Board also noted that according to your page 11, you were formally counseled during December 2015 and June 2016 and you admitted to receiving two NPLOC’s prior to your relief as the SNCOIC.  The Board determined that your reporting officials accurately documented your counselings and although your fitness report was marked ‘derogatory material’ for receiving a 6105 counseling entry, the overriding justification for your report’s adversity was your relief from duties due to a loss of trust and confident in your leadership and judgement.  The Board also determined that the late submission of your fitness report does not invalidate your report. 
 
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 being relieved for cause from your duties due to continued lack of leadership and failure to accomplish the contracting mission.  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 substandard performance and relief for cause should be documented, as it was his right to do.  The Board determined that your relief for cause properly documented via a 6105 counseling according to the PES 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,