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 2 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 28 October  2019 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 the adverse fitness report covering the period 1 June 2017 to 20 July 2017.  You argue that the report is invalid and unjust as the fitness report is a Commandant Directed (DC) report, and according to the Performance Evaluation System manual your being relieved of command is not an occasion for a DC report.   
 
The Board noted that the PERB agreed that the reporting occasion of the fitness report was incorrect and modified the contested report by changing the report occasion from DC to TR (Transfer).  The Board further noted that you elected not to make a statement regarding the report.  The Board thus determined that with the correction, removal of the report is not warranted as the underlying adversity is valid; you were relieved for cause due to a substantiated Inspector General complaint.  The Board concurred with the AO that the contested report, as modified, is administratively correct and concluded that the modified report shall remain in your Official Military Personnel File. 
  
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,