Docket No 4633-20  
 
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 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 28 July 2020 Advisory Opinion (AO) provided by the Marine Corps Personnel Law Branch (JPL).  The AO was provided to you on 9 September 2020, and you were given 30 days in which to submit a response.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
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 that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
The Board carefully considered your request to remove your 28 June 2017 Administrative Remarks (Page 11) and to remove your 1 July 2016 to 30 June 2017 fitness report.  The Board considered your contention that you were not in  during the alleged incident that resulted in the issuance of the Page 11 you received for making a false official statement.  You also assert that the case was closed due to lack of cooperation from your accuser. 
 
The Board, however, substantially concurred with the AO that your evidence fails to contradict your command’s conclusion that you visited with the alleged victim in  on 17 July 2016.  Moreover, the Board concurred with the AO that you jeopardized the Naval Criminal Investigative Service’s investigation, and violated the Uniform Code of Military Justice, by providing false official statements to investigators.  The Board thus concluded that your command operated well within its authority and consistent with the principles of good order and discipline, by counseling you for making for making false statements in the course of a sexual assault investigation.   
 
The Board determined that you submitted no evidence that your contested fitness report is in error or unjust.   
 
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, 

6/11/2021
Deputy Director