Docket No. 2733-20
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 23 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 4 March 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board. 
 
The Board carefully considered your request to remove the fitness report covering the period from 1 July 2018 to 3 June 2019 and an Administrative Remarks (Page 11) 6105 counseling entry related to the contested fitness report.  The Board considered your contention the record was unjust because you were relieved of your position based on an inspection in which your section, along with other sections, received “high risk” findings but you were the only individual to receive an adverse fitness report.  You further contend the chain of command “had been advised on the negative outcomes of fielding vehicles that are not technically road worthy.”  The Board also considered the documents you submitted in support of your contentions.  The Board, however, substantially concurred with the AO.  In this regard, the Board concluded your contentions lack merit.  Further, the Board concluded the reporting chain of command adhered to the Performance Evaluation System (PES) Manual requirements for documentation of performance-based adversity.  The PES Manual states a performance-related relief requires the RS provide the factual basis for the assessment in the justification block of the appropriate attribute and state in section I that the MRO was relieved for cause.  The Board noted the reporting chain did both and concluded there was no error in the contested fitness report.  With respect to your Page 11 6105 entry, the Board also determined the entry was valid and in compliance with Marine Corps Order P1070.12K.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,