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 26 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 30 April 2020 advisory opinion (AO) furnished by Headquarters Marine Corps, which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove adverse material from your Official Military Personnel File (OMPF).  Specifically, you requested to remove pages 3-7 from the “COMMEND/DEROG section” of your OMPF.  The Board considered your contention that the pages stemmed from a preliminary investigation conducted after an anonymous Inspector General (IG) complaint was filed against you.  You further contend the anonymous IG complaint and follow-on investigation has had “undue recourse and negative effects” on your career and more specifically, your fitness reports which have “reflected bias resulting from the complaint and subsequent investigation.”  The Board also considered your contention you have been removed from “certain officer billets” and been denied deployment opportunities.  Further, the Board considered your contention that if the documents remain in your OMPF, “they would unjustly be violating article rights of the UCMJ as well as affecting [your] future retention, promotion, and ability to continue to serve unhindered.”  Lastly, the Board considered the contentions you made regarding the investigation and specifically noted the comments you emphasized from the investigation.  You contend the veracity of the alleged posts was never established, and the anonymous complaint violated your rights because the investigation results were inconclusive and did not result in formal punishment.  Additionally, you contend you had not been formally counseled regarding social media usage policies nor have ever violated the policies.   
 
However, the Board noted the second endorser of the investigation concluded there was sufficient information to determine your actions were in violation of the Marine Corps policy regarding social media conduct and further noted the chain of command recommended, and the Commandant of the Marine Corps directed, that the adverse material be included in your OMPF.  You also acknowledged the submission of adverse material to your OMPF without submitting a statement.  
 
The Board substantially concurred with the AO.  In this regard, the Board concluded the documents shall remain in your OMPF because the adverse material was filed in accordance with Marine Corps policy, and formulates an essential and permanent part of your record.  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,