DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 2734-20 
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 13 April 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 (PERB), which was previously provided to you. Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove the fitness report covering the period 1 January 2019 to 9 July 2019. The fitness report is adverse because you received a 6105 counseling for sending an inappropriate text message to an underage applicant in violation of recruiter policy. You argue that the report is invalid because it was processed after your transfer from the command, because the associated 6105 was not entered into your OMPF until after you received the fitness report and because the report failed to note commendatory material. You included with your petition a letter from your current Staff Non Commissioned Officer In Charge (SNCOIC) supporting your request.
 
The Board noted in your rebuttal to the fitness report you accepted full responsibility for sending the inappropriate message. The Board further noted that commendatory marks can be addressed via MMRP-31. The Board concurred with the AO that the report adhered to Performance Evaluation System (PES) manual guidance pertaining to processing adverse fitness reports. Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file 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, 
4/30/2021 

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