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 16 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 also considered the 26 February 2020 advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-13/PERB), which was previously provided to you, and your rebuttal of 23 April 2020. 
 
On 25 May 2018 you accepted non-judicial punishment (NJP) for being arrested for drunk and disorderly conduct at a base bowling alley.  Subsequently, you were referred to a Board of Inquiry (BOI) for the incident and were recommended for retention.  The Commanding General , the officer who imposed the NJP, set aside the NJP on 30 August 2019.   
 
The Board carefully considered your request to remove all adverse material related to your BOI Report from your official military personnel file (OMPF) and to remove fitness reports covering the periods 16 May 2018 to 12 January 2019 and 13 January 2019 to 31 May 2019 due to the reviewing officials’ bias against you for your set-aside NJP.  You argue that the adverse material should be removed due to the fact that the basis for the BOI, the NJP, was set aside and the Commanding General,  recommended that the adverse material not be included in your OMPF.   
 
The Board noted that while the BOI recommended retention and closing the case, the BOI did find that a preponderance of the evidence proved the allegation of substandard performance of duty.  The Board further noted the Deputy Commandant for Manpower and Reserve Affairs directed that the case be closed on 20 February 2020 and that adverse material concerning the matter would be included in your OMPF.  The Board concurred with the AO that you failed to provide evidence that the reporting officials marked you lower than deserved on the contested fitness reports and that your performance and conduct warranted higher marks.  Consequently, the Board determined that the adverse material was not unjustly entered into your OMPF and the fitness reports are valid and shall remain in your OMPF as written. 
 
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,