Docket No. 3220-20
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 9 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 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 the 11 June 2019 Administrative Remarks (Page 11) 6105 entry counseling you for a substantiated allegation of sexual harassment in violation of Marine Corps Order 5354.1E and relieving you of all duties and responsibilities as a formal school instructor.  The Board considered your contention that although a command investigation substantiated the misconduct, an administrative discharge board (ADB) determined there was no basis for a misconduct finding.  Based on the ADB’s finding, you contend the Page 11 counseling, and the subsequent adverse fitness report for the period covering 1 January 2019 to 24 June 2019, should be removed from your record.   
 
The Board, however, noted the administrative separation (ADSEP) process is not intended as, nor does it function as, a method to overturn or invalidate other procedures or administrative actions.  It is conceivable and permissible that the ADSEP, counseling, and performance evaluation processes, which have separate considerations and purposes, may arrive at different findings. The Board concluded the ADB’s determination, despite the substantiated finding of the command investigation, does not impact the validity of the Page 11 counseling entry or the subsequent adverse fitness report.  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,