DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490     
 
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 22 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.  The Board also considered the 23 July 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 adverse fitness report covering the period 17 April 2019 to 23 May 2019; during the period you were disenrolled from the Staff Non Commissioned Officer Academy due to plagiarism.  You argue that the adverse report is invalid because you were not given an opportunity to comment on the adverse material, the Third Officer Sighter (TOS) made unjust remarks, the Student Performance Evaluation Board (SPEB), which recommended your disenrollment, was not comprised of the right members, and you did not commit plagiarism. 
 
The Board concurred with the AO that the SPEB membership was correct.  The Board further noted that you were provided two opportunities to rebut the fitness report in person.  The reviewing officer (RO) and TOS met with you to adjudicate the factual differences in the fitness report.  Finally, the Board noted that there was ample evidence of plagiarism between your paper and another student’s in the class as well as evidence that you and the other student collaborated regarding your rebuttal statements.   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, 

7/2/2021
Executive Director