DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5640-20 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 15 June 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 23 July 2020 decision furnished by the Marine Corps Performance Evaluation Review Board (PERB), and 16 April 2020 advisory opinion (AO) provided to the PERB by the Manpower Management Division Records & Performance Branch (MMRP-30). The PERB decision and AO were provided to you on 23 July 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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 11 October 2019 Administrative Remarks (page 11) 6105 counseling entry and to modify your fitness report for the reporting period 1 July 2019 to 4 November 2019 as necessary. The Board considered your contentions that the level of punishment was inappropriate or unjust based on the nature of the offense and you were not the only individual with functional areas that were found non-mission capable during the Commanding General’s Inspection (CGI). You also contend that your unit had a history of failing the same functional areas, your section was below staffing, and your time at the unit was not sufficient enough to bring the functional areas to a mission capable status. The Board noted that pursuant to the Marine Corps Separations Manual, you were issued a page 11 entry counseling you for your failure to comply with orders pertaining to the Commanding General’s Inspection Program (CGIP) for the Defense Travel System, Government Travel Charge Card, and Records Management functional areas. You were also counseled for failing to provide accurate status reports to the executive officer before the inspection. The Board also noted that according to the Marine Corps Individual Records Administration Manual (IRAM) you were properly counseled and determined that the contested entry was written and issued according to the 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 (CO) signed the entry and determined that your misconduct was a matter essential to record, as it was his/her right to do. Concerning your contested fitness report, the Board substantially concurred with the PERB decision and AO that your fitness report is valid and should be retained as filed. The Board noted that your fitness report was marked adverse for ‘Performance’ and ‘Proficiency’ and your RS provided justification for your adverse marks. The Board determined that your adverse fitness report does not constitute punishment, and the adverse nature of your report was based upon your documented substandard performance. Further, your unit’s history and your time at the command does not invalidate your fitness report. 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, 6/25/2021 Executive Director