Docket No: 2577-20 
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your 7 May 2018, Administrative Remarks (page 11) 6105 counseling entry.  The Board considered your contention that the Marine Corps Performance Evaluation Review Board (PERB) removed your associated fitness report for the reporting period 1 January 2018 to 11 May 2018 due to error or injustice and your contested page 11 entry was embedded with the adverse fitness report, which was declared invalid by the PERB.  As evidence, you furnished correspondence from the PERB. 
 
The Board noted that your request to remove your contested page 11 entry was previously denied by the Board.  The Board substantially concurred with the previous Board’s conclusion that your page 11 entry was not in error or unjust.  In this regard, the Board also noted that although your actions were unintentional, your actions still resulted in a spillage of classified information that was determined to be a security violation.  The Board determined that your CO’s decision to document the incident was appropriate given the gravity of the violation; your CO acted within his authority; and your page 11 entry was written and issued according to the Marine Corps Individual Records Administration Manual (IRAM).  The Board also determined that the PERB’s opinion and approval to remove your fitness report does not invalidate your page 11 entry.  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,