Docket No: 3143-20
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.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  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 25 November 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board, which you were previously provided.  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 1 April 2013 to 31 December 2013.  The Board considered your contention the fitness report is in error because it references an Administrative Remarks (Page 11) 6105 counseling entry removed by the Board on 10 January 2018.  Specifically, the Board previously directed the removal of a Page 11 entry dated 16 April 2013 which addressed an integrity violation.   
 
A review of your record confirmed this Page 11 entry has been removed.  However, a Page 11 counseling entry dated 14 June 2013, which addresses an unauthorized absence and dereliction of duty, remains in your record.  The Board thus substantially concurred with the AO.  In this regard, the Board noted the basis of the adversity is clearly and distinctly stipulated in Section I due to evaluation marks in Sections D and G regarding your performance and judgement.  Moreover, Section A, Item 6.b (Derogatory Material) was not even marked, indicating the Page 11 entry had no bearing on the adverse evaluation.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant grantig 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,