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 20 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 also considered the 18 May 2020 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), 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 an Administrative Remarks page 11 6105 entry you received on 17 August 2018 and an adverse fitness report covering the period 1 July 2018 to 21 August 2018, during this report period you were relieved for cause.  You argue that the page 11 is unjust and fitness report invalid as both are results of personal bias by the reviewing officials.  You further contend the report is invalid as it violates Performance Evaluation System (PES) Manual guidance in that you were not counseled prior to receiving the report.  You included with your petition letters from Marines, who served with you at the time you received the contested report, who support your contention you were treated unjustly. 
 
The Board noted that in your response to the 6105 you took full responsibility for your actions and stated that your actions were not typical of your overall performance.  MCO P1070.12K provides commanding officers wide discretion regarding how to counsel a Marine on behavior.  The Board determined that your commanding officer properly utilized the page 11 entry to inform you of an identified deficiency.  
 
The Board further noted that the contested report is centered on substandard performance and concurred with the AO that the report is valid, the command followed PES manual guidance in providing a factual basis for the performance-related relief.  Consequently, the Board determined that the fitness report is administratively correct and shall remain in your official military personnel file as written. 
 
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, 

4/30/2021
Executive Director