DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3746-20 
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 4 May 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, as well as the 18 May 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB). The AO was provided to you on 18 May 2020, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your fitness report for the reporting period 1 July 2016 to 26 September 2016 and your 26 September 2016 Administrative Remarks (page 11) 6105 counseling entry and rebuttal statement. The Board considered your contentions that you were not in the office on the date of the incident noted in your page 11 entry and you received the page 11 entry and adverse fitness report as retaliation for requesting mast regarding unfair treatment by your officer-in-charge (OIC). You claim that you were at a medical appointment on 14 September 2016 and did not return to the office. You argue that the basis for the entry is invalid if it did not occur as described. As evidence, you furnished correspondence from the Tricare Patient Portal noting an appointment on 14 September 2016 and your request mast applications. 

The Board, however, substantially concurred with the AO that your fitness report is valid and should be retained as filed. In this regard, the Board noted that your fitness report was deemed adverse for several reasons, specifically, for your receipt of derogatory material, your adverse mark for judgement, you were not recommended for promotion, and your unsatisfactory comparative assessment mark. The Board also noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual you were issued a 6105 entry counseling you for insubordinate conduct. The Board noted, too, that you were properly counseled pursuant to the Marine Corps Individual Records Administration Manual (IRAM), and determined that the contested entry was written and issued according to IRAM. Specifically, the entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, the consequences for failure to take corrective action, and it afforded you the opportunity to submit a rebuttal. Moreover, your Commanding Officer signed the entry and determined that your misconduct was essential to documented, as it was his right to do. The Board acknowledged your evidence and determined that your evidence was contradictory and insufficient to conclude that the misconduct did not occur as stated in your page 11 entry. Additionally, the Board found no evidence of retaliation by your chain of command and you provided none. Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 

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, 
5/16/2021 

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