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 2 April 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, 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 from 13 June 2018 to 16 September 2018 from your Official Military Personnel File (OMPF). The Board considered your contention the fitness report is not accurate and fair due to a lack of adherence to MCO P1610.7A.  The Board further considered your contention the inaccuracies “do a disservice to the Commandant’s efforts to select the best qualified personnel for promotion, retention, resident schooling and duty assignments.”  Specifically, you contend “per my OMPF” you did not receive derogatory material nor were you the subject of disciplinary action during the reporting period.  You further contend the Reporting Senior (RS) referenced a nonjudicial punishment (NJP), the result of an adverse action, but also an adverse action that is “not present within my OMPF” so there is no basis for an adverse fitness report.   
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted three officers in your reporting chain specifically referenced the NJP in the fitness report and you did not, at the time of the fitness report, argue that the report’s reference to the NJP was erroneous or otherwise invalid.  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,