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 26 February 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 the 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 16 January 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 the temporary duty fitness report covering the period from 20 February 2019 to 8 April 2019 or, in the alternative, remove all adverse references so it only reflects as a “not observed” occasion.  The Board considered your contention that you were unjustly given an adverse fitness report due to a “lack of knowledge surrounding the situation” and “without full information.”  Specifically, you contend you were given an adverse fitness report after alleged misconduct during the Career Course Mess Night resulted in you passing out during the event and requiring medical care.  You assert that you have a medical history of vasovagal syncope and on the night in question, you had “significantly low blood pressure . . . and that does not correlate to excessive drinking as was assumed.”  The Board also considered your contention that your medical history “was not requested, reviewed, or considered” by your Reporting Senior or Reviewing Officer.   
 
The Board, however, substantially concurred with the AO and the PERB’s finding that the report is valid as written and filed, in accordance with the applicable Performance Evaluation System Manual.  The Board noted the Reporting Senior and Reviewing Officer fitness report comments, which stated you arrived at the event “visibly intoxicated and became disorderly,” “several students confirmed that [you] and two other Marines were drinking excessively prior to showing up,” and “EMT confirmed upon arrival that [you were] intoxicated.”  Further, the Board noted your Reporting Senior stated he witnessed you “visibly intoxicated.”   
 
The Board also determined that you did not provide sufficient evidence to prove that your past incidents of syncopal episodes constituted proof that another episode experienced at Mess Night was entirely to blame for you passing out and requiring medical care.  The Board noted the full medical documentation from the Emergency Room visit would assist in determining whether your medical history, and not alcohol, was to blame.   
 
Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to overcome the reporting chain’s comments regarding the medical event or warrant granting your requested relief.   
 
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,