Docket No: 2233-20 
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 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, as well as the 26 February 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 26 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 6 March 2017 to 5 October 2017, or alternatively, to modify your report by removing either section I, section K or both.  The Board considered your contention that your fitness report indicated that a Board of Inquiry (BOI) would be held at a date that was after the end of the reporting period.  You also contend that your fitness report was not completed for more than 13 months after the end of the reporting period, your fitness report was used as a disciplinary tool because it referred to the BOI, and your fitness report was used to inform you that you were being referred to a BOI.  You claim that your fitness report indicates that you were sent to a BOI, which was later dismissed without any imposition of punishment.  As evidence, you furnished the transcript from your BOI. 
 
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 relieved for cause from your duties as the Regimental Personnel Officer for loss of trust and confidence based upon the command investigation, which concluded that you displayed unacceptable leadership, extremely poor judgement, and a lack of concern for the well-being of a Marine under your care.  The Board also noted that you were issued a page 11 entry counseling you concerning your substandard performance.  The Board noted, too, that you were referred to a BOI and although you were recommended for retention, the BOI unanimously found that a preponderance of the evidence proved the allegation of substandard performance by failing to exercise proper judgment and discretion in the handling of a Marine’s medical condition under your supervision.  The Board determined that your reporting senior (RS) sufficiently justified the basis for your adverse fitness report according to the Marine Corps Performance Evaluation System (PES) Manual.  The Board also determined that your RS’s reference to a BOI does not invalidate your fitness report and that the untimely submission of your fitness report is not a basis to invalidate your report.  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,